Appendix — Pierce v. Society of Sisters

Supreme Court brief1925

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OREGON COMPULSORY PUBLIC SCHOOL LAW.

Supreme Court of the Anited States

Octoser Term, 1924.

No. 583.

WALTER M. PIERCE, as Governor of the State of Oregon;

ISAAC H. VAN WINKLE, as Attorney-General of the

State of Oregon, and STANLEY MYERS, as District

Attorney for Multnomah County, State of Oregon,

Appellants,

vs.

THE SOCIETY OF THE SISTERS OF THE HOLY

NAMES OF JESUS AND MARY,

Appellee.

APPENDIX I

(revised)

BRIEF ON BEHALF OF APPELLEE.

CONTENTS.

Codlitenticons Cormac Tien (TOU anna aon vcs ccsncscnessaone

Compulsory Public School Law adopted by Initiative Peti-

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UN. i I i spnccenin nsrinesiecreapnateninansintencanns

General Laws of Oregon 1921......... SR SID PONTO BAL! PROOE

a 4 - ie re PRESET ORG pet ene

Northwest Ordinance of July 13, 1787...00020000000.2...... sidsbinteas

Official pamphlet distributed among voters prior to election

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Oregon Laws relating to private schools...................-.....-..---+-

Organic Law of Provisional Government...................-...------+-

Remarks by Elihu Root, at mass meeting Madison Square

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Resolution of General Convention of Protestant Episcopal

Church

Act of Congress of February 4, 1925........ dedi auiacdesitenets cuadeeiane

Report of Superintendent of Public Instruction of Oregon,

1925

NORTHWEST ORDINANCE OF JULY 13, 1787.*

Preamble—

For extending the fundamental principles of civil and

religious liberty, which forms the basis whereon these

republics, their laws, and constitutions are erected; to fix

and establish those principles as the basis of all laws,

constitutions and governments which forever hereafter

shall be formed in said territory ...

. It is hereby ordained and declared . . . That

the following articles shall be considered as articles of

compact between the original states and the people, and

states in the said territory. .. .

ARTICLE I.

No person demeaning himself in a peaceable and

orderly manner, shall ever be molested on account of

his mode of worship or religious sentiments, in the said

territory.

ARTICLE II.

‘ No man shall be deprived of his liberty or

property, but by the judgment of his peers, or the law

of the land; and, should the public exigencies make it

necessary, for the common preservation, to take any per-

son’s property, or to demand his particular services, full

compensation shall be made for the same. And, in the

just preservation of rights and property, it is under-

stood and declared, that no law ought ever to be made,

* 1 Stat. 50.

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Beers wepen

or have force in the said territory, that shall, in any man-

ner whaiever, interfere with, or affect private contracts

or engagements, bona fide, and without fraud previously

formed.

ARTICLE III.

Religion, morality, and knowledge, being necessary

to good government, and the happiness of mankind,

| schools and the means of education shall forever be en-

F couraged. ...

FUNDAMENTAL LAW OF OREGON.*

(Adopted July 26, 1845.)

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ProvisioNaL GovERNMENT oF OREGON.

ORGANIC LAW OF THE PROVISIONAL GOVERNMENT

OF OREGON (1845).

Preamble: For the purpose of fixing the principles

of civil and religious liberty, as the basis of all laws and

constitutions of government, that may hereafter be

adopted,—

Br rr enactep,—That the following articles be consid-

ered articles of compact among the free citizens of this

territory:

ARTICLE I.

Sec. 1. No person demeaning himself in a peaceable

and orderly manner, shall ever be molested upon account

of his mode of worship, or religious sentiments.

* See Act of Congress of Aug. 14, 1848, 9 Stat. 323, 329.

—

See. 2. . . . No man shall be deprived of his lib-

erty, but by the judgment of his peers or the law of the

land; and should the public exigencies make it necessary

for the common preservation, to take any person’s prop-

erty, or to demand his particular services, full compen-

sation shall be made for the same; and in the just preser-

vation of rights and property, it is understood and de-

clared, that no law ought ever to be made, or have force

in said territory, that shall, in any manner whatever, in-

terfere with or affect private contracts or engagements,

bona fide and without fraud, previously formed.

Sec. 3. Religion, morality, and knowledge, being

necessary to good government and the happiness of man-

kind, schoois and the means of education shall be forever

encouraged.*

ConsTITUTION OF OrEGon, 1857.

(Effective February 14, 1859)+

ARTICLE I.

Bit or Ricuts.

Sec. 1. We declare that all men, when they form

a social compact, are equal in right; that all power is

inherent in the people, and all free governments are

founded on their authority, and instituted for their peace,

safety, and happiness; and they have at all times a right

to alter, reform, or abolish the government in such man-

ner as they may think proper.

* These three sections are substantially the same as and were

undoubtedly taken from the Northwest Ordinance of 1787.

t This is the present constitution of the State of Oregon with

various amendments adopted from time to time. Oregon Laws,

vol. i, pp. 73-189.

Sey

aries’

OREM SOA:

Sc a

Sec. 2. All men shall be secured in the natural right

to worship Almighty God according to the dictates of

their own consciences.

Sec. 3. No law shall in any case whatever control the

free exercise and enjoyment of religious opinions, or

interfere with the rights of conscience.

Sec. 4. No religious test shall be required as a quali-

fication for any office of trust or profit.

Sec. 5. No money shall be drawn from the treasury

for the benefit of any religious or theological institution,

nor shall any money be appropriated for the payment of

any religious services in either house of the legislative

assembly.

See. 10. . . . every man shall have remedy by due

course of law for injury done him in his person, prop-

erty, or reputation.*

Sec. 33. This enumeration of rights and privileges

shall not be construed to impair or deny others retained

by the people.

ARTICLE IV.

See. 1. The legislative authority of the State shall

be vested in a legislative assembly, consisting of a sen-

ate and house of representatives, but the people reserve

to themselves power to propose laws and amendments to

the constitution and to enact or reject the same at the

polls, independent of the legislative assembly, and also

reserve power at their own option to approve or reject

at the polls any act of the legislative assembly. The

first power reserved by the people is the initiative, and

not more than eight per cert of the legal voters shall be

required to propose any measure by such petition, and

every such petition shall include the full text of the meas-

ure so proposed. Initiative petitions shall be filed with

the secretary of state not less than four months before

* This section is equivalent to the usual “due process”

clause, State v. Thompson, 47 Ore. 492.

_—

the election at which they are to be voted upon. The

second power is the referendum, and it may be ordered

(except as to laws necessary for the immediate preserva-

tion of the public peace, health, or safety), either by the

petition signed by five per cent of the legal voters, or by

the legislative assembly, as other bills are enacted.

Referendum petitions shall be filed with the secretary

of state not more than ninety days after thv final ad-

journment of the session of the legislative assembly

which passed the bill on which the referendum is de-

manded. The veto power of the governor shall not ex-

tend to measures referred to the people. All elections on

measures referred to the people of the State shall be had

at the biennial regular general election, except when the

legislative assembly shall order a special election. Any

measure referred to the people shall take effect and be-

come the law when it is approved by a majority of the

votes cast thereon, and not otherwise. The style of all

bills shall be: ‘‘Be it enacted by the people of the state

of Oregon.’’ This section shall not be construed to de-

prive any member of the legislative assembly of the

right to introduce any measure. The whole number of

votes cast for justice of the supreme court at the reg-

ular election last preceding the filing of any petition for

the initiative or for the referendum shall be the basis on

which the number of legal voters necessary to sign such :

petition shall be counted. Petitions and orders for the :

initiative and for the referendum shall be filed with the ~

secretary of state, and in submitting the same to the |

people he, and all other officers shall be guided by the

general laws and the act submitting this amendment, until

legislation shall be especially provided therefor.*

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* (Initiative amendment adopted by the people June 2, 1902.)

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OREGON LAWS RELATING TO PRIVATE SCHOOLS

IN FORCE PRIOR TO 1919.

Education in Oregon from the beginning of its history

has been largely in private hands, and private activity in

this field early received state approval. While Oregon

was yet a territory (1848-1859), there were incorporated

by special laws many private denominational schools and

academies; some of them Baptist, some Episcopalian,

some Congregational, and so forth. (Local Laws of Ore-

gon 1851-52, p. 25; Special Laws 1855-56, p. 38; Special

Laws 1855-56, p. 59; Special Laws 1855-56, p. 73; Special

Laws 1856-57, p. 86; General Laws 1856-57, p. 36; Special

Laws 1856-57, p. 44; Special Laws 1856-57, p. 71; Spe-

cial Laws 1857-58, p. 86; Special Laws 1857-58, pp. 9,

19, 48 and 95.) These special laws generally provided

that vacancies on the board of trustees should be filled by

the local religious authorities of the particular denomi-

nation.

In 1885, the legislature provided a method of volun-

tary reorganization of all previously incorporated de-

nominational colleges, ete. (L. 1885, p. 109; Oregon Laws,

sections 7014-7021).

The Oregon Statutes permitting the incorporation of

‘‘religious, charitable and educational corporations,’’ ex-

tend back to General Laws 1872, p. 126 (amending Act of

October 24, 1864), and are now contained in Oregon

Laws, Sees. 6998-7044.

The first compulsory school law was enacted in 1889

(Laws 1889, p. 111) and re-enacted in 1901 (Laws 1901,

p. 300), post pp. 7-9.

eave

Deapy’s OrGanic anp Orner GENERAL Laws or Orrecon

(1845-1864) p. 633.

Aw Act providing for the incorporation of churches and

religious, benevolent, literary and charitable socie-

ties, which took effect by operation of the constitu-

tion, Jan. 20, 1865.*

Sec. 1. That whenever any church or religious, be-

nevolent, literary or charitable society, shall desire to in-

corporate for the purpose of carrying out the objects of

said church or society, they may do so in the manner pro-

vided in this act.

Sec. 2. Three or more of the officers or trustees of

said chureh or society, which officers or trustees shall

have been duly chosen, elected or appointed in aeccord-

anee with the usages and regulations of said chureh or

society, shall make and subscribe written articles of in-

corporation in triplicate, and acknowledge the same be-

fore some officer authorized to take the acknowledgment

of deeds, and file one of such articles in the office of the

secretary of state, another in the clerk’s office of the

county where the church or society is located, and re-

tain the third in the possession of the corporation.

Sec. 3. The articles of incorporation, or a certified

copy of the one filed in the office of the secretary of state

or county clerk, shall be evidence of the existence of such

corporation.

See. 4. The articles of incorporation shall specify:

1. The name assumed by the corporation, and by

which name it shall be known, and the duration of the

same, if limited;

2. The object, business or pursuit of said corpora-

tion;

3. The estimated value of property and money pos-

sessed by said church or society, at the time of making

*See corresponding provisions in Oregon Laws, 1920,

sections 6998-7003, inclusive.

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OREGON LAWS RELATING TO PRIVATE SCHOOLS

IN FORCE PRIOR TO 1919.

Education in Oregon from the beginning of its history

has been largely in private hands, and private activity in

this field early received state approval. While Oregon

was yet a territory (1848-1859), there were incorporated

by special laws many private denominational schools and

academies; some of them Baptist, some Episcopalian,

some Congregational, and so forth. (Local Laws of Ore.

gon 1851-52, p. 25; Special Laws 1855-56, p. 38; Special

Jiaws 1855-56, p. 59; Special Laws 1855-56, p. 73; Special

Laws 1856-57, p. 86; General Laws 1856-57, p. 36; Special

Laws 1856-57, p. 44; Special Laws 1856-57, p. 71; Spe-

cial Laws 1857-58, p. 86; Special Laws 1857-58, pp. 9,

19, 48 and 95.) These special laws generally provided

that vacancies on the board of trustees should be filled by

the local religious authorities of the particular denomi-

nation.

In 1885, the legislature provided a method of volun-

tary reorganization of all previously incorporated de-

nominational colleges, ete. (Li. 1885, p. 109; Oregon Laws,

sections 7014-7021).

The Oregon Statutes permitting the incorporation of

‘religious, charitable and educational corporations,’’ ex-

tend back to General Laws 1872, p. 126 (amending Act of

October 24, 1864), and are now contained in Oregon

Laws, Secs. 6998-7044.

The first compulsory school law was enacted in 1889

(Laws 1889, p. 111) and re-enacted in 1901 (Laws 1901,

p. 300), post pp. 7-9.

Deapy’s Orcanic anp Orner GENERAL Laws or Orecon

(1845-1864) p. 633.

Aw Acr providing for the incorporation of churches and

religious, benevolent, literary and charitable socie-

ties, which tock effect by operation of the constitu-

tion, Jan. 20, 1865.*

See. 1. That whenever any church or religious, be-

nevolent, literary or charitable society, shall desire to in-

corporate for the purpose of carrying out the objects of

said church or society, they may do so in the manner pro-

vided in this aet.

See. 2. Three or more of the officers or trustees of

said church or society, which officers or trustees shall

have been duly chosen, elected or appointed in accord-

ance with the usages and regulations of said church or

society, shall make and subscribe written articles of in-

SEETHER SN ALE ANN IEC RUS ER S R aN

corporation in triplicate, and acknowledge the same be- i

fore some officer authorized to take the acknowledgment 4

of deeds, and file one of such articles in the office of the =

secretary of state, another in the clerk’s office of the *

county where the church or society is located, and re- 3

tain the third in the possession of the corporation. §

See. 3. The articles of incorporation, or a certified ¢

copy of the one filed in the office of the secretary of state

or county clerk, shall be evidence of the existence of such &

corporation. :

Sec. 4. The articles of incorporation shall specify: f

1. The name assumed by the corporation, and by i,

which name it shall be known, and the duration of the b

same, if limited; ;

2. The object, business or pursuit of said corpora-

tion;

3. The estimated value of property and money pos-

sessed by said church or society, at the time of making

TREE TMK IY ORE Le

* See corresponding provisions in Oregon Laws, 1920,

sections 6998-7003, inclusive.

said articles of incorporation, and the sources of rey-

enue or income;

4. The title of the officers or trustees making such

articles, and the mode and times of the election of their

successors in office ;

5. The location of said chureh or society.

See. 5. Upon the making and filing of articles of in-

corporation, as herein provided, the persons subseribing

the same, and their successors in office, associates and

assigns, by the name assumed in such articles, shall there-

after be deemed a body corporate with power:

1. To sue and be sued;

2. To contract and be contracted with;

3. To have and use a corporate seal, and the same

to change at pleasare;

4. To purchase, receive, possess and dispose of such

real and personal property as may be necessary or con-

venient, to carry out the object of said corporation ;

5. To make by-laws, not inconsistent with any exist-

ing law, for the government of its affairs, and the man-

agement of its property.

See. 6. The powers vested in such corporation, are

exercised by the corporators, and their successors in of-

fice, Provided, That said vested powers may be exercised

by a majority of said corporators or successors; and any

one of said corporators or successors may verify any

pleading made by the corporation, and required by law

to be verified.

See. 7. No corporation formed under this act shall

ever hold or possess property, including money and as-

sets, amounting in value to more than five hundred thou-

sand dollars, and any corporation violating this provision

of this act, shall forfeit its corporate rights.

Approved October 24, 1864.

Laws or Orecon, 1872, p. 126.

Aw Acr to amend an Act entitled ‘‘An Act providing

for the incorporation of churches, religious, benevo-

lent, literary and charitable societies,’’ approved

October 24, 1864.*

Be it enacted by the Legislative Assembly of the State of

Oregon:

Section 1. That Section 1, of an Act entitled ‘““An

Act to amend an Act entitled ‘An Act providing for the

incorporation of churches, benevolent, literary and char-

itable_societies,’’’ approved October 24, 1864, be

amended so as to read as follows:

Sec. 1. That whenever any church, or religious, ben-

evolent, literary or charitable society, or any society

which shall have for its object the development of the

physical or mental capacities of its members shall desire ;

to incorporate for the purpose of carrying out the object :

of said church or society, they may do so in the manner

provided in this Act. :

See. 2. That said Act be further amended by adding :

thereto the following sections to be numbered 8, 9 and 10:

Sec. 8. That any number of persons, not less than e

three, being the duly appointed or elected wardens and e

vestrymen of any parish or congregation of the Protes-

tant Episcopal Church of the United States, in the State

of Oregon, according to the canons, rules and regulations

of said church, may become incorporated, by making,

acknowledging and filing articles of incorporation for §

such purpose, in conformity with the canons, rules and 4

regulations of said church, upon the organization and in-

corporation of parishes and the provisions of this Act;

and upon the making and filing of such articles of in-

corporation as aforesaid, such wardens and vestrymen

and their successors in office, shall, by the name assumed

therein, be thereafter taken and deemed to be a body

corporate with the powers prescribed and mentioned in

Section 5 of this Act.

*See corresponding provisions in Oregon Laws, 1920,

sections 6998, 7004-7006, inclusive.

—_—y

Sec. 9. That any person being the bishop, overseer,

or presiding elder of any church, or religious denomina-

tion in this State, may in conformity with the constitu-

tion, canons, rules, regulations and discipline of such

church or denomination, become a corporation sole for

religious and educational purposes in the manner pre-

scribed in this Act, as nearly as may be, and there-

upon said bishop, overseer, or presiding elder as the

case may be, together with his successors in office or

position, by his official designation, shall be held and

deemed to be a body corporate with all the rights and

powers and subject to the limitations prescribed in this

Act in the case of corporations aggregate.

See. 10. That the provisions of this Chapter shall

be so construed as to include all such charitable societies

as have heretofore been or shall hereafter be composed

in whole or in part of married women; and married

women are hereby declared eligible to hold office in such

societies, and act as trustees thereof, under the provi-

sions of this Chapter the same as other persons, and no

liability shall attach to the husband of any such married

woman in consequence of any act resulting from such

official position by his wife.

Approved October 28, 1872.

Laws or Orecon, 1885, p. 109.

Aw Act to regulate the Amending of Charters of such

Universities or Colleges as are under the Patronage

of one or more Religious Bodies in the matter of

Electing Trustees.*

Be it enacted by the Legislative Assembly of the State of

Oregon:

Section 1. The board of trustees of any university

or college heretofore incorporated and now under the

patronage of one or more conferences, or other religious

bodies of any religious denomination, may accept the

provisions of this and the seven succeeding sections, by

* See corresponding provisions in Oregon Laws, 1920,

sections 7014-7021, inclusive.

—

resolution, adopted at any regular meeting of the board

and entered upon the records of its proceedings, and af-

ter such acceptance the board shall in all respects be

organized, constituted, regulated and perpetuated, pur-

suant to and under such provisions; but no right ac-

quired by any such board or any such university or col-

lege, under its charter, or any law of this State, shall

be invalidated or affected by such provisions.

See. 2. The president of such university or college

shall be a trustee, ex-officio.

Sec. 3. The board of trustees shall elect by ballot,

at its regular annual meeting at which these provisions

shall have been first adopted, nine trustees, to wit: three

for the term of three years, three for the term of two

years, and three for the term of one year, and at each

annual meeting thereafter, perpetually, the board shall

elect three trustees for the term of three years.

Sec. 4. The patronizing conference, or other patron-

izing religious body within whose territorial bounds such

university or college is located, shall have the right, at

the first election under these provisions, to elect twelve

trustees, to wit: Four for the term of three years, four

for the term of two years, and four for the term of one

year, and four each year thereafter, perpetually, for the

term of three years.

See. 5. Each additional patronizing conference, or

other patronizing religious body, shall have the right to

elect not more than one-half the number of trustees as

are authorized to be elected by the aforesaid patronizing

conference or other patronizing religious body, and for

the same terms of office.

Sec. 6. The alumni of such university or college,

who have been graduates three years, shall have the

right to elect three trustees at the first election under

these provisions, to-wit: One for the term of three

years, one for the term of two years and one for the

term of one year, and each year thereafter, perpetually,

one trustee for the term of three years, but the board

of trustees shall determine the day, the number neces-

sary to constitute a quorum, and make such additional

regulations relative to this election, as they may deem

right and proper.

See. 7. The board of trustees shall have power to

determine the conditions and requirements by which a

conference or other religious body shall be constituted

a patronizing conference or other patronizing religious

body, providing that each of the said patronizing confer-

ences, or other patronizing religious bodies, shall be of

the same denomination as the original patronizing con-

ference, or other religious body; and Provided, further,

That no patronizing conference, or other patronizing

religious body shall be discontinued as such, except at

its own request, so long as it continues to exercise its

right of electing trustees.

See. 8. Vacancies in the board of trustees, caused by

death, resignation, or otherwise, may be filled for the

unexpired term.

Approved February 25th, 1885.

GeneraL Laws or Orecon, 1889, p. 111.

Aw Act to increase the efficiency of our common schools.

Be it enacted by the Legislative Assembly of the State

of Oregon:

Section 1. Every parent, guardian or other person

in this State having control or charge of a child or chil-

dren between the ages of eight and fourteen years shall

be required to send such child or children to a public

school for a period of at least twelve weeks in each school

year, of which at least eight weeks’ school be consecutive,

unless the bodily or mental condition of such child or

children has been such as to prevent his or her or their

attendance at school or application to study for the pe-

riod required, or unless such child or children are taught

in a private school* or at home in such branches as are

usually taught in primary schools, or have already ac-

quired the ordinary branches of learning taught in the

publie schools; provided, in case a public school shall not

be taught for the period of twelve weeks, or any part

thereof during the year, within two miles by the nearest

traveled road of the residence of any person within the

school district, he or she shall not be liable to the provi-

sions of this Act.

Section 2. Any parent, guardian or other person

having control or charge of any child or children failing

to comply with the provisions of this Act shall be liable

to a fine of not less than five dollars nor more than

twenty-five dollars for the first offense, nor less than

twenty-five dollars nor more than fifty dollars for the

second and each subsequent offense, besides the cost of

the prosecution.

Section 3. It shall be the duty of the directors and

clerk of each school district to make diligent effort to

see that this law is enforced in their respective districts.

* Italics not in original.

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Section 4. Justices of the peace shall have concur-

rent judisdiction with the circuit court in all prosecu-

tions under this Act.

Section 5. Inasmuch as many children are now per-

mitted to remain away from school without cause and to

their great detriment, this law shall take effect and be

in force from and after its approval by the Governor.

Approved February 25, 1889.

Genera Laws or Orecon, 1901, p. 300.

Aw Acr to amend section 1 of an act entitled “An act to

increase the efficiency of our common schools.”’

Section 1. . . . Every parent, guardian or other per-

son in this state having control or charge of a child or chil-

dren between the ages of eight and fourteen years shall be

required to send such child or children to a public school

for a period of at least twelve weeks in each school year,

of which at least eight weeks of school shall be consecu-

tive, unless the bodily or mental condition of such child

or children has been such as to prevent his, or her, or

their attendance at school or application to study for the

period required, or unless such child or children are

taught in a private school or at home in such branches as

are usually taught in primary schools, or have already

acquired the ordinary branches of learning taught in

the public schools; provided, in case a public school shall

not be taught for the period of twelve weeks, or any part

thereof, during the year, within two miles by the nearest

traveled road of the residence of any person within the

school district, he or she shall not be liable to the provi-

sions of this act; provided further, that, whereas the

state has provided an institution for the free instruction

of all resident deaf-mute children of lawful school age,

every parent, guardian or person having control of any

child or children afflicted with deafness shall be required,

under the penalties hereinbefore specified, to send such

child or children to said institution for a period of not

less than six (6) months of each year, between the ages

of eight (8) and sixteen (16) years, unless such child or

children be taught in a private school, at home, or in a

similar institution in another state, in such branches as

are taught in the primary and intermediate grades of

said institution, or unless such child or children be ex-

cused by the authorities on account of his, her or their

physical or mental disability; provided, that such child

or children shall be required to attend said institution,

as hereinbefore provided, not less than six (6) months of

each year for five (5) years, or until he, she or they have

arrived at the limit of the lawful school age. . . .

Approved February 27, 1901.

MisceLLaNngous Laws—Orrcon—Annotatep Copes AND

Srarutes—BeEuuincer anv Corron (1902),

Vol. 2, p. 1672.

Carrer VI. Of Religious, Charitable and Educational

Corporations.

§5182.*—Religious, Literary and Charitable Societies

May Incorporate.

Whenever any church, or religious, benevolent, liter-

ary or charitable society, or any society which shall have

for its object the development of the physical or mental

capacities of its members, or the development of agri-

culture or mechanics, shall desire to incorporate for the

purpose of carrying out the object of said church or so-

ciety, they may do so in the manner provided in this

chapter. [L. 1864, D. Cd. p. 633, §1, L. 1872, p. 126, §1;

L. 1876, p. 138, §1; H. C. §3295.]

§5199.+—Ineorporation of Denominational Schools.

The board of trustees of any university or college

heretofore incorporated and now under the patronage of

one or more conferences, or other religious bodies of any

religious denomination, may accept the provisions of this

and the seven succeeding sections, by resolution, duly

adopted at any regular meeting of the board, by a vote

of two thirds of all the members of such board of trus-

* See Oregon Laws, section 6998.

+ See Oregon Laws, section 7014.

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tees, and entered upon the records of its proceedings, and

after such acceptance, the board shall in all respects be

organized, constituted, regulated, and perpetuated pur-

suant to and under such provisions; but no right ac-

quired by any such board or any such university or col-

lege under its charter or any law of this state shall be

invalidated or affected by such provisions. [L. 1885, p.

109, §2; HL. C. §3313.]

§5207.* Supplementary Articles May Be Filed, Notice of.

Three or more officers or trustees of any incorporated

religious, benevolent, literary, or charitable society, or

any society which shall have for its object the develop-

ment of the physical or mental capacities of its members,

or the development of agriculture or mechanics, may file

supplementary articles of incorporation at any time,

when a three fourths’ vote of the members present at a

special meeting of any such society called for that pur-

pose shall so determine, for the purpose of amending,

enlarging, or changing the object, business, or pursuit of

any such incorporated society, not extending beyond

religious, benevolent, literary, educational, social, or

charitable purposes: Provided, however, that said offi-

cers or trustees shall have first caused to be published a

notice of the time and place of holding said special meet-

ing, and the object thereof, in some daily newspaper of

general cireulation published within the county where

said corporation is located; and it shall be the duty of

the secretary of said corporation to deposit in the post

office, not less than ten days prior to the time fixed for

said special meeting, written or printed notices, directed

to each member of said corporation at their post office

address, stating the time and place of such special meet-

ing, and the object thereof. A failure on the part of the

officers of said corporation to give the notices herein

prescribed shall invalidate any supplementary articles

of incorporation adopted at such meeting. Nothing in

this section shall be construed as applying to any cor-

poration in this state other than those incorporated

under the general statutes of this state. [L. 1891, p. 121,

§1.]

* See Oregon Laws, section 7022.

GeneraL Laws or Orecon, 1903, p. 176.

Aw Acr to amend section 5182 of the laws of the State

of Oregon, as compiled and annotated by Hon. C. B.

Bellinger and W. W. Cotton, so as to include educa-

tional, scientific, fine art, musical, engraving, and

architectural societies, and to ratify and confirm all

attempted incorporations thereof under the provi-

sions of this chapter.*

Be it enacted by the People of the State of Oregon; and,

also, Be it enacted by the Legislative Assembly of

the State of Oregon:

Section 1. That section 5182 of the laws of the State

of Oregon, as compiled and annotated by Hon. C. B.

Bellinger and W. W. Cotton, be amended so as to read

as follows:

Section 5182. Whenever any church, religious, ben-

evolent, literary, educational, scientific, fine art, musical,

sculptural, engraving, architectural, or charitable society,

or any society which shall have for its object the de-

velopment of the physical or mental capacities of its

members or others, or the development of architecture

or mechanics, shall desire to incorporate for the purpose

of carrying out the objects of such church, school, or so-

ciety, they may do so in the manner provided in this

chapter; and in all cases in which articles of ineorpora-

tion have heretofore been filed with the Secretary of

State of this state, and with the proper county clerk, by

any educational, scientific, fine art, musical, sculpturing,

engraving, or architectural society, and one or more of

its purposes is to conduct a fine art, musical, sculpturing,

engraving, architectural, dental, or other school, and

have attempted to incorporate under the provisions of

this chapter, such arteles of incorporation are hereby

ratified and confirmed, and from henceforth they shall

be deemed bodies corporate under the provisions of this

chapter.

Passed the senate February 12, 1903.

Passed the house February 20, 1903.

Approved February 24, 1903.

Filed in the office of the Secretary of State Febru-

ary 24, 1903.

* See Oregon Laws, section 6998.

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Cuaprer 129, Genera Laws, 1907, p. 237.

Aw Acr authorizing the formation of religious corpora-

tions.

Section 2. The archbishop of any diocese may asso-

ciate with him the vicar-general and chancellor of such

diocese, and they, or a majority of them, shall designate

or associate with them two other members of such re-

ligious denomination, residents of such diocese, and upon

signing and acknowledging in triplicate articles of incor-

poration . . . the said five persons and their successors

shall become a corporation, with power to . . . establish

and conduct schools, seminaries, and colleges.

Cuaprer 79, Genera Laws, 1907, p. 133.

Aw Act to provide for the compulsory education of chil-

dren. ...

Section 1, Every parent, guardian or other person in

the State of Oregon having control and charge of any

child or children between and including the ages of nine

and fourteen years of age . . . shall be required to send

such child or children to the public schools for a term or

period of not less, nor more, than that of the number of

months of public school held annually in the district . . .

provided, that in the following cases children shall not be

required to attend the public schools:

(a) Any child, or children, who is, or are, being

taught for a like period of time in a private or parochial

school, such branches as are usually taught in the first

eight years in the public schools, or has, or have, already

acquired the ordinary branches of learning taught in such

schools. .. .

Filed in the office of the Secretary of State, February

23, 1907.

CODIFICATION—LAWS OF OREGON (1919).

The statutes of Oregon, including those relating to

education, were codified in 1919 pursuant to chapter 266

of the Laws of 1919, and as codified are known as the

“Oregon Laws’’. The sections relating to education are

those to be found in seetions 4915-5532. Section 5259

expressly recognized attendance at parochial schools as

compliance w ith the statutory requirement.

Title XXXI (Sees. 4915-5532),

Sec. 4915 establishes the office of State Superintend-

ent of public instruction. See. 4918 defines his duties,

which are those of ‘general superintendence of the

county and district school officers and the public schools

of the state.’’ Paragraph 4 provides that ‘He shall visit

in person when practicable all the chartered educational

institutions of the state, and shall secure such statistical

information relative to the number of students, teachers,

value of property, libraries, salaries, and courses of

study, as he may deem advisable for the advancement of

education and for the information of the legislature.’’

Sees. 4920-4960, provide for the certification and ex-

amination of teachers. Certificates are of various grades,

and are issued by state, county and district authorities,

and sec. 4958 provides that ‘‘Any certificate to teach

aM may be revoked by the authority authorized to

grant the same upon the written complaint of any county

superintendent, for immorality, intemperance, crime

against the law of the state, or gross neglect of duty,

Sec. 4950 provides for a person selected by the Cath-

olic Educational Society of Oregon to serve as a member

of the State Board of Standardization.

Sec. 4953 defines a ‘‘teachers’ training course,’’ and

includes thereunder ‘‘a study of American history. ’?

Sec. 4954, relates to temporary county certificates is-

suable to holders of valid certificates in other states,

‘‘when the applicant for the same shall present satisfac-

tory testimonials of good character and success as a

teacher.’’

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Sees. 4961-4965 establish a state board of education,

with power (sec. 4963) to authorize textbooks, prepare

curricula for grammar grades, prescribe rules for the

general government of the schools, and

“To grant state certificates and state diplomas

to such persons as are found, upon examination by

the state board of examiners hereinafter defined, to

possess a good moral character, thorough scholar-

ship, and successful experience in teaching. The

examination for state certificates and _ state

diplomas shall be upon questions prepared by the

state board of examiners; said questions shall be

based on the text books adopted by the state, and

shall cover all the branches required for a first

grade county certificate, and, in addition thereto,

algebra, bookkeeping, composition, physical geog-

raphy, physics, and psychology; those for state

diplomas, in addition to the foregoing, botany,

plane geometry, general history, and English lit-

erature.”’

Sees. 4974-5015 relate to the office of county school

superintendent.

Sec. 4975 requires that

‘‘The superintendent-elect shall qualify on or

before the first Monday in August, by taking an

oath to support the constitution of the United

States and of the state of Oregon, and to faithfully

discharge the duties required of him by this act;

said oath shall be reduced to writing, subscribed to,

and placed on file in the county clerk’s office of

his county. (L. 1899, p. 216, §16, B. & C. §3356;

L. O. L. §3961.)”’

See. 5032, relating to the duties of boards of school

— in certain districts, includes thereunder, the

uty—

‘¢(4) To provide courses of studies for young

men and women asa preparation for citizenship and

devise methods of organizing the youth into volun-

tary, co-operative and constructive forms of patri-

otic service.

(5) To promote closer co-operation between

the school and the home, between parents and

teachers; to aim to improve the school equipment;

to secure more adequate support and better hous-

ing conditions for teachers; to endeavor to pro-

vide ways and means or to remove such obstacles

as may be necessary to enable all children to re-

main in school until they have finished the gram-

mar grades,”’

Sees. 5036-5099 relate to the district school boards

generally. See. 5040 confers upon them the power to

hire teachers. See. 5042 provides that teachers so em-

ployed must hold valid permits or certificates.

See. 5058 provides that ‘‘A district school board may

at its discretion permit a schoolhouse, when not occupied

for school purposes, to be used under careful restriction

for any proper purpose, giving equal rights and privi-

leges to all religious denominations or political parties,

but for any such use or privilege it shall not be at the

cost for fuel or otherwise to the district.’’

See. 5073 provides:

‘‘That the boards of directors in the several

school districts of this state shall procure a United

States flag of suitable size and shall cause said flag

to be displayed upon or near each publie school

building during school hours, except in unsuitable

weather, and at such other times as to said board

may seem proper. (L. 1907, ¢. 37, §1; L. O. L.

§4057.)”’

Sees. 5100-5112 provide for compulsory part-time

schools, for children who have entered employment. See.

5102 provides

‘*All children between the ages of sixteen and

eighteen years must be in school or legally em-

ployed. If employed, they must attend the part

time schools herein provided not less than five

hours per week or one hundred and eighty hours

per year, unless they have already acquired the

ordinary branches of learning taught in the first

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eight years of the public schools, or are attending

an evening school for an equivalent time. (L.

1919, e. 324, §3.)’’

See. 5109 provides:

‘*Every parent, guardian or other person in

the state of Oregon having control of any child or

children between the ages of sixteen and eighteen

(years) who has not already acquired the ordinary

branches of learning taught in the first eight

grades of the public schools, shall be required to

send such child or children to a part time school

or class, whenever there shall have been such part

time school or class established in the district

where the child or children reside or may be em-

ployed. (L. 1919, ce. 324, § 10.)”

Sees. 5215-5222 deal with parental or correctional

schools, and sec. 5215 provides that—

‘*(c) No religious instruction shall be given in

such school or schools; but the school board shall

make suitable regulation so that the inmates may

receive religious training in accordance with the

belief of the parents of such children by allowing

attendance at public service elsewhere. (L. 1917,

ce. 242, §1.)”’

Sees. 5255-5258 relate to the duties of teachers. Sec.

5255 (3) includes thereunder the duty—

‘**To labor during school hours to advance the

pupils in their studies; to create in their minds a

desire for knowledge, principle, morality, polite-

ness, cleanliness and the preservation of physical

Sec. 5259 provides:

‘‘Every parent, guardian or other person in

the state of Oregon having control or charge of

any child, or children between and including the

ages of nine and fifteen years of age, shall be re-

quired to send such child, or children, to the pub-

lic schools for a term or period of not less or

awason"

-—

more than the number of months of public school

held annually in the district in which such parent,

guardian or other person in parental relation may

reside; provided, that in the following cases, chil-

dren shall not be required to attend public schools:

(a) Children Being Taught in Private School.

Any child, or children, who is, or are, being taught

for a like period of time in a private or parochial

school, such branches as are usually taught in the

first eight years in the public schools, or has, or

have, already acquired the ordinary branches of

learning taught in such schools, the fact of which

acquisition of such ordinary branches of learning

by such child, or children, shall be determined by

the school board in charge of the public school in

such district. . . .”

Sec. 5270 provides for compulsory attendance of blind

children, and deaf-mutes, at public institutions.

Sees. 5369-5376 provide for similar compulsory at-

tendance, in certain cases, of United States government

schools. See. 5369 provides:

‘*Whenever the government of the United

States erects, or causes to be erected and main-

tained, a school for general educational purposes

within the state of Oregon, and the expense of the

tuition, lodging, food, and clothing of the pupils

therein is borne by the United States, it shall be

compulsory on the part of every parent, guardian,

or other person in the state of Oregon, having

control of a child or children between the ages of

six and eighteen years, eligible to attend said

school, to send such child or children to said school

for a period of nine months in each year, or during

the annual term, unless such child or children is

or are excused from such attendance by the county

court of said county in which said child or chil-

dren reside, upon it being shown to the satisfaction

of said county court that the bodily or mental con-

dition of such child or children has been and is

such as to prevent his, her, or their attendance at

school or application at study for the period re-

quired, or that such child or children is or are

taught in the public schools, private schools, or

other school, or at home, in such branches as are

usually taught in the public schools; provided, that

in case the government of the United States does

not make provision for the free transportation of

said child or children to and from their homes to

said school, then he, she, or they shall not be liable

to the provision of this act, unless they reside less

than ten miles from such school. (L. 1905, ¢. 202,

$1; L. O. L. §4838.)”’

See. 5477 provides for the appropriation of public

funds to private charitable institutions caring for or-

phans and homeless children. Sec. 5479 provides:

‘‘The state board of health is hereby given

visitatorial powers over all institutions which re-

ceive state aid under this act; and each such in-

stitution shall, on or before the fifteenth day of

January of each year file with the secretary of

the state board of health a financial and statistical

report and statement for the preceding calendar

year in such form as may be prescribed by said

state board of health; and each such institution

shall submit to and abide by any reasonable

health and sanitary rules and regulations that may

be prescribed by said state board of health; and

if any such institution fails to comply with any of

the provisions of this section said state board of

health shall notify the secretary of state of such

refusal, and such institution shall not thereafter

be entitled to any benefits or payments under this

act until such failure has ceased. (L. 1913, ¢

300, §3.)’’

OREGON LAWS AFTER 1919.

Cu. 115, Genrerat Laws, 1921, p. 226.

Be It Enacted by the People of the State of Oregon:

Section 1. Any person entering into a contract to

teach in the public schools of the state shall, as a part

of the contract, subscribe to the following oath or affirma-

tion:

‘I solemnly swear, or affirm, that I will support the

constitution of the state of Oregon . . . and the

laws enacted thereunder, and that I will teach, by precept

and example, respect for the flags of the United States

and of the state of Oregon; . . . reverence for law

and order and undivided allegiance to the government of

our country, the United States of America.’

The said oath or affirmation, duly signed, shall be

filed in the office of the examiner issuing the certificate

and a copy shall be given to the applicant making the oath

and affirmation.

Section 2. Every teacher now or hereafter employed

in a private or parochial school or in any academy, col-

lege, university or other institution or (of) learning in

this state shall, before entering upon the discharge of

his or her duties, take the same oath or affirmation of

allegiance as that prescribed for public school teachers

in section 1. Such oath or affirmation shall be taken and

subscribed to before some officer authorized by the state

to administer oaths, and a copy of the oath or affirmation

shall be filed with the officer or board in charge of such

private or parochial school or other institution of

learning.

The above requirements shall not apply to exchange

professors or teachers whose term of service is tempo-

rary, and who do not become permanent residents of the

United States.

Section 3. Whoever being in charge of any public,

private or parochial school, or any academy, college, uni-

versity or other institution of learning shall allow or

permit any teacher to enter upon the discharge of his

duties, or to give instruction therein unless such teacher

shall have taken and subscribed to the oath or affirmation

of allegiance provided for in sections 1 and 2, shall be

guilty of a misdemeanor and upon conviction thereof

shall be punished by a fine of not more than $100.

cs aie

Cu. Generat Laws, 1923, p. 9.*

Aw Act to amend section 5259, Oregon Laws.

Be it enacted by the People of the State of Oregon:

Section 1. That section 5259, Oregon Laws be and

the same is hereby amended so as to read as follows:

Section 5259. Children Between the Ages of Eight

and Sixteen Years—Any parent, guardian or other per-

son in the State of Oregon, having control or charge or

custody of a child under the age of sixteen years and of

the age of eight years or over at the commencement of a

term of public school of the district in which said child

resides, who shall fail or neglect or refuse to send such

child to a public school for the period of time a public

school shall be held during the current year in said dis-

trict, shall be guilty of a misdemeanor and each day’s

failure to send such child to a public school shall consti-

tute a separate offense; provided, that in the following

eases, children shall not be required to attend public

schools.

(a) Children Physically Unable—Any child who is

abnormal, subnormal, or physically unable to attend

school.

(b) Children Who Have Completed the Eighth Grade

—Any child who has completed the eighth grade, in ac-

cordance with the provisions of the state course of study.

of eight and ten years, inclusive, whose place of residence

is more than one and one-half miles, and children over

ten years of age whose place of residence is more than

three miles, by the nearest traveled road from a public

school; provided, however, that if transportation to and

from school is furnished by the school district, this ex-

emption shall not apply.

(d) Private Instruction—Any child who is being

taught for a like period of time by the parent or private

* This is the initiative measure enacted November 7,

1922, printed infra, p. 22, but not re-enacted by legislature.

See

teacher such subjects as are usually taught in the first

eight years in the public school, but before such child can

be taught by a parent or a private teacher, such parent or

private teacher must receive written permission from the

county superintendent, and such permission shall not

extend longer than the end of the current school year.

Such child must report to the county school superintend-

ent or some person designated by him at least once every

three months and take an examination in the work cov-

ered. If, after such examination, the county superintend-

ent shall determine that such child is not being properly

taught, then the county superintendent shall order the

parent, guardian, or other person, to send such child to

the public school the remainder of the school year.

If any parent, guardian or other person having con-

trol or charge or custody of any child between the ages

of eight and sixteen years, shall fail to comply with any

provision of this section, he shall be guilty of a misde-

meanor, and shall, on conviction thereof, be subject to a

fine of not less than $5.00, nor more than $100, or to im-

prisonment in the county jail not less than two nor more

than thirty days or by both such fine and imprisonment

in the discretion of the court.

This Act shall take effect and be and remain in force

from and after the first day of September, 1926.

Cu. 7, Gen. Laws, 1923, p. 17.

Aw Acr to require the teaching of the Constitution of the

United States in the public and private schools of the

state of Oregon.

Section 1. In all public and private schools located

within the state of Oregon, commencing with the school

year next ensuing after the passage of this act, there

shall be given regular courses of instruction in the con-

stitution of the United States.

Section 2. Such instruction in the constitution of the

United States shall begin not later than the opening of

the eighth grade, and shall continue in the high school

course and in courses in state colleges, universities and

the educational departments of state and municipal in-

stitutions to an extent to be determined by the superin-

tendent of public instruction.

2 iC a a iY De ihe ae hoe a acai t te EE Re ee eee ee eee

OFFICIAL PAMPHLET DISTRIBUTED AMONG VOTERS

PRIOR TO ELECTION NOVEMBER 7, 1922.

Proposed

CONSTITUTIONAL AMENDMENTS

AND MEASURES

(With Arguments)

to be submitted to the Voters of Oregon

at the

GENERAL ELECTION

Tuesday, November 7, 1922

Published by authority

Compiled by

Sam A. Kozer

Secretary of State

LAW AUTHORIZING THIS PUBLICATION

(Section 4103, Oregon Laws)

MEASURES AND ARGUMENTS TO BE PRINTED AND

DIstTRIBUTED

Not later than the ninetieth day before any regular

general election * * * at which any proposed law, part

of an act or amendment to the constitution is to be sub-

mitted to the people, the secretary of state shall cause to

be printed in pamphlet form a true copy of the title and

text of each measure to be submitted, with the number

and form in which the ballot title thereof will be printed

on the official ballot. The person, committee or duly or-

ganized officers of any organization filing any petition for

the initiative, but no other person or organization, shall

have the right to file with the secretary of state for

printing and distribution any argument advocating such

measure; said argument shall be filed not later than the

one hundred and fifteenth day before the regular election

at which the measure is to be voted upon. Any person,

committee or organization may file with the secretary of

state, for printing and distribution, any arguments they

may desire, opposing any measure, not later than the one

hundred and fifth day immediately preceding such elec-

tion. Arguments advocating or opposing any measure

referred to the people by the legislative assembly, or by

referendum petition, at a regular general election, shall

be governed by the same rules as to time, but may be filed

with the secretary of state by any person, committee or

organization. * * * The secretary of state shall cause

one copy of each of said arguments to be bound in the

pamphlet copy of the measures to be submitted as herein

provided, and all such measures and arguments to be sub-

mitted at one election shall be bound together in a single

pamphlet. All the printing shall be done by the state,

and the pages of said pamphlet shall be numbered con-

secutively from one to the end. The pages of said pamph-

let shall be six by nine inches in size and the printed mat-

ter therein shall be set in six-point Roman-faced solid

type on not to exceed seven-point body, in two columns of

thirteen ems in width each to the page with six-point

dividing rule and with appropriate heads and printed

on a good quality of book paper twenty-five by thirty-

eight inches weighing not more than fifty pounds to the

ream. The title page of every measure bound in said

pamphlet shall show its ballot title and ballot number.

The title page of each argument shall show the measure

or measures it favors or opposes and by what persons

or organization it is issued. * * * Not later than the

fifty-fifth day before the regular general election at which

such measures are to be voted upon the secretary of state

shall transmit by mail, with postage fully prepaid, to

every voter in the state whose address he may have, one

copy of such pamphlet.

Note.—For the convenience of the voters, a list of the official ballot

titles and numbers of the Proposed Constitutional Amendments and Meas-

ures is printed on pages 46, 47 of this pamphlet. This list is intended for

their use, if desired, in preparing marked lists in advance in order to aid

them in the final marking of their ballots at the polls.

Sam A. Kozer

Secretary of State

LPNS OAR hI Ret aes

NEE:

EERE IS LG LI SPECT RMA HOE REE OREN OR i

CU LUL AY ERs

(On Official Ballot, Nos. 314 and 315)

A MEasurE

To amend section 5259, Oregon Laws, relating to com-

pulsory education, to be submitted to the legal elec-

tors of the state of Oregon for their approval or

rejection at the regular general election to be held

November 7, 1922; proposed by initiative petition

filed in the office of the secretary of state of the state

of Oregon July 6, 1922.

The following is the form and number in which the pro-

posed measure will be printed on the official ballot:

Initiative Bill—Proposed by Initiative Petition

Initiated by Ira B. Sturges, Baker, Oregon; Dr. Robert

C. Ellsworth, Pendleton, Oregon; Harold Baldwin,

Prineville, Oregon; W. B. Daggett, Redmond, Ore-

gon; Lewis H. Irving, Madras, Oregon; Colin E.

Davis, The Dalles, Oregon; Leslie G. J ohnson,

Marshfield, Oregon; C. A. Swope, Grants Pass, Ore-

gon; W. F. Harris, Roseburg, Oregon; John R. Pen-

land, Albany, Oregon; J. R. Jeffery, Seaside, Ore-

gon; F. C. Holibaugh, St. Helens, Oregon; O. O.

Hodson, McMinnville, Oregon; E. L. J ohnson, Hills-

boro, Oregon—Computsory Epucation Brtr—Pur-

pose: Requiring any parent, guardian or other per-

son having control, charge or custody of a child over

eight and under sixteen years of age, from and after

September 1, 1926, to send such child to a public

school during the entire school year, excepting:

(a) children physically unable; (b) children who

have completed the eighth grade; (c) children be-

tween the ages of eight and ten living more than

one and one-half miles, and children over ten years

of age living more than three miles from a public

school, except when transportation is furnished ; (d)

children taught by parent or private teacher.

Vote Yes or No.

314 Yes 315 No

ee.

A Bitzi ror an Act to Propose sy Initiative Petition

To AMEND Section 5259, Oregon Laws.—ComPpu.sory

Epvucation.

Be It Enacted by the People of the

State of Oregon:

Section 1. That section 5259, Oregon Laws be, and

the same is hereby, amended so as to read as follows:

See. 5259. Children Between the Ages of Eight and

Siateen Years. Any parent, guardian or other person in

the state of Oregon, having control or charge or custody

of a child under the age of sixteen years and of the age

of eight years or over at the commencement of a term

of public school of the district in which said child re-

sides, who shall fail or neglect or refuse to send such

child to a public school for the period of time a public

school shall be held during the current year in said dis-

trict, shall be guilty of a misdemeanor and each day’s fail-

ure to send such child to a public school shal! constitute

a separate offense. Provided, that in the following cases,

children shall not be required to attend public schools.

(a) Children Physically Unable. Any child who is

abnormal, subnormal or physically unable to attend

school.

(b) Children Who Have Completed the Eighth

Grade. Any child who has completed the eighth grade,

in accordance with the provisions of the state course of

study.

of eight and ten years inclusive, whose place of resi-

dence is more than one and one-half mile, and children

over ten years of age whose place of residence is more

than three miles, by the nearest traveled road, from a

public school; provided, however, that if transportation

to and from school is furnished by the school district, this

exemption shall not apply.

(d) Privave Instruction. Any child who is being

taught for a like period of time by the parent or private

teacher such subjects as are usually taught in the first

eight years in the public school, but before such child can

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be taught by a parent or a private teacher, such parent

or private teacher must receive written permission from

the county superintendent, and such permission shall not

extend longer than the end of the current school year.

Such child must report to the county school superintend-

ent or some person designated by him at least once every

three months and take an examination in the work covy-

ered. If, after such examination the county superintend-

ent shall determine that such child is not being properly

taught, then the county superintendent shall order the

parent, guardian, or other person, to send such child to

the public school the remainder of the school year.

If any parent, guardian or other person having con-

trol or charge or custody of any child between the age of

eight and sixteen years, shall fail to comply with any

provision of this section, he shall be guilty of a misde-

meanor, and shall, on conviction thereof, be subject to a

fine of not less than $5, nor more than $100, or to im-

prisonment in the county jail not less than two nor more

than thirty days, or by both such fine and imprisonment

in the discretion of the court.

This act shall take effect and be and remain in force

from and after the first day of September, 1926.

For affirmative argument see pages 24-25.

For negative arguments see pages 26-43.

(On Official Ballot, Nos. 314 and 315)

ArcuMeEnt (Affirmative)

Submitted by H. Baldwin, W. B. Daggett, Collin E.

Davis, W. F. Harris, O. O. Hodson, F. C. Holibaugh,

J. R. Jeffery, EK. L. Johnson, Leslie G. Johnson, John R.

Penland, Ira B. Sturges, in behalf of the Computsory

Epvucation Bit,

Do you believe in our public schools?

Do you believe they should have our full, complete

and loyal support?

What is the purpose of our public schools, and why

should we tax ourselves for their support?

Because they are the creators of true citizens by com-

mon education, which teaches those ideals and standards

upon which our government rests.

Our nation supports the publie school for the sole

purpose of self-preservation.

The assimilation and education of our foreign born

citizens in the principles of our government, the hopes

and inspiration of our people, are best secured by and

through attendance of all children in our public schools.

We must now halt those coming to our country from

forming groups, establishing schools, and thereby bring-

ing up their children in an environment often antago-

nistic to the principles of our government.

Mix the children of the foreign born with the native

born, and the rich with the poor. Mix those with preju-

dices in the public school melting pot for a few years

while their minds are plastic, and finally bring out the

finished product—a true American.

The permanency of this nation rests in the education

of its youth in our public schools, where they will be cor-

rectly instructed in the history of our country and the

aims of our government, and in those fundamental prin-

ciples of freedom and democracy, reverence and righte-

ousness, where all shall stand upon one common level.

When every parent in our land has a child in our pub-

lic school, then and only then will there be united interest

in the growth and higher efficiency of our public schools.

Our children must not under any pretext, be it based

upon money, creed or social status, be divided into an-

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tagonistic groups, there to absorb the narrow views of

life as they are taught. If they are so divided, we will

find our citizenship composed and made up of cliques,

cults and factions each striving, not for the good of the

whole, but for the supremacy of themselves. A divided

school can no more succeed than a divided nation.

The inspiration for this act is the following resolu-

tion:

‘‘Resolved, That we recognize and proclaim our be-

lief in the free and compulsory education of the children

of our nation in publie primary schools supported by

public taxation, upon which all children shall attend and

be instructed in the English language only without re-

gard to race or creed as the only sure foundation for the

perpetuation and preservation of our free institutions,

guaranteed by the constitution of the United States, and

we pledge the efforts of the membership of the order to

promote by all lawful means the organization, exten-

sion and development to the highest degree of such

schools, and to oppose the efforts of any and all who seek

to limit, curtail, hinder or destroy the public school sys-

tem of our land.’’

The above resolution was adopted by the Supreme

Council, A. & S. Rite, for the Southern Jurisdiction of the

United States, May, 1920.

Grand Lodge of Oregon, A. F. & A. M., June, 1920.

Imperial Council, A. A. O. Nobles Mystic Shrine,

June, 1920.

Respectfully submitted,

H. Baldwin, Prineville, Oregon

W. B. Daggett, Redmond, Oregon

Collin EK. Davis, The Dalles, Oregon

W. F. Harris, Roseburg, Oregon

O. O. Hodson, McMinnville, Oregon

F. C. Holibaugh, St. Helens, Oregon

J. R. Jeffery, Seaside, Oregon

E. L. Johnson, Hillsboro, Oregon

Leslie G. Johnson, Marshfield, Oregon

John R. Penland, Albany, Oregon

Ira B. Sturges, Baker, Oregon.

(On Official Ballot, Nos. 314 and 315)

ArGuMEnt (Negative)

Submitted by the Oregon and Washington District of

the Evangelical Lutheran Synod of Missouri, Ohio and

other states, opposing the Computsory Epucation Buu.

This bill if enacted into law would be

A Terrific Blow to Personal Liberty

Who owns your child? The state? Do not you?

Who feeds and clothes your child? The state? Not

while you are living and able to care for your own. Why

do you feed and clothe your child? Because it is your

child. If you don’t own your own child, what in the

wide world do you own?

Now if you own your child and are in duty bound to

feed and clothe it, you certainly have ‘‘some say’’ about

your child’s education and its teacher. The state has a

right to compel you to educate your child, just as it has

a right to compel you to feed and clothe your child. But

the state has no more right to choose the teacher for your

child and the school it shall attend than it has to tell

you where to buy your child’s clothing and what style

of clothing it must wear.

This bill, if enacted into law, will deal a terrific blow

to your constitutional rights, confiscate your parental

authority, and undermine your personal liberty.

It will also

Seriously Curtail Your Religious Liberty

Under the constitution of the United States and of the

state of Oregon you enjoy religious liberty; that is, the

liberty to worship God according to the dictates of your

conscience and to rear your child according to your re-

ligion. If you see fit to send your child to a school in

which the religion of your choice is taught, not one day

in the week, but every day, and the whole training of the

child is permeated by such religion, the state, under the

constitution, must not prohibit you from doing so. This

bill, if enacted into law, will prohibit you from doing so.

ite.

Goats

This bill is manifestly unconstitutional.

President Harding Warns

‘In my experience of a year in the White House there

has come to me no other such unwelcome impression as

the manifest religious intolerance which exists among

many of our citizens. I hold it to be a menace to the

very liberties we boast and cherish.’’

Ex-Vice-President Marshall Says

‘¢T have an old-fashioned notion that in a government

where freedom of religion is guaranteed to the citizen,,

as the father of a child, I have a right to train it along -

the lines of my own religious belief.

‘*‘T doubt that any officer, however gifted and high-

minded he may be, can have a tenderer regard for my

child than I myself possess, that he can more sincerely

desire his health, happiness and success.

‘¢Unless I develop into such a brute as to be unfit to

take care of my child and thus warrant society in remov-

ing him permanently from my custody, I should be let

alone to look after his health, care for his wants, guide

his education and instil into his mind such religious views

as I think will enable him to stand against the tempta-

tions of a tempestuous world.’’

The state has a right to set a certain standard of

education, to prescribe a certain course of studies, one

that will qualify your child for intelligent citizenship.

But where the child shall get this education, in a free

land such as ours, it is not for the state to say. If parents

see fit to send their children to schools where these just

requirements of the state are met and the children get a

religious training besides, the state must not interfere.

Would Send Taxes Still Higher

There are some 12,000 children in private and denom-

inational schools in the state of Oregon. If these chil-

dren were forced into the public schools some 300 to 400

additional teachers and a ag gee number of addi-

tional schools would have to be provided and financed.

The already burdensome tax rate would thus soar still

higher. And who would have to pay the bill? YOU.

BORE i

Let Common Sense Decide

We make our appeal to the common sense of every

thinking American. And we ask that the professional

agitator be made to turn to more worthy tasks. We ask

that he be prevented from infringing upon the natural

and inalienable right of parents to provide their children

with a religious education that satisfies their ideals and

their consciences. We ask every good citizen to declare

again that the constitutional bill of rights, which has

stood the tests of generations, should be left as it is.

In spite of religious, socia|, economic and many other

differences we have managed to live together in peace

and harmony for many years. For this blessing we are

indebted largely to our forefathers, who contented them-

selves with bringing together the people of many creeds

and differences upon a broad but sound platform, built

of natural and consequently inalienable rights. Let this

their basic principle of civil government be sacred to us.

Let us keep faith with them. Let us repel such as

would drive a splitting wedge between us by proposing

an abridgement of parental rights, of religious liberty

and of educational freedom.

Tue Ornecon anv Wasuincton District

or THe Evanceticat LutHERaN Synop

or Missouri, OH10 AND OTHER STATES,

By J. A. Rimsacz,

Chairman of Committee.

(On Official Ballot, Nos. 314 and 315)

ArcuMEnt (Negative)

Submitted by W. M. Ladd, J. C. Ainsworth, ©. D.

Bruun, F. L. Shull, Charles H. Carey, E. C. Sammons,

K. C. Shevlin, Chas. J. Gray, Wm. D. Wheelwright, Rich-

ard W. Montague, (. F. Adams, W. B. Ayer, and James

B. Kerr, of Portland, Oregon, opposing the Computsory

Epvucation Bit.

1. Denial of Right.

This measure would deny to parents the right to

choose the school, the teacher, the methods, by means of

which their children are to be educated; a right funda-

mental in any country which pretends to be free.

2. Prussian System.

This measure imitates the method of publie education

which brought Prussia to her deserved destruetion—giv-

ing the state dictatorial powers over the training of chil-

dren and destroying independence of character and free-

dom of thought.

3. The Method of Bolshevist Russia.

In present day Russia the Bolshevist government

treats the child as the ward of the state. This measure

proposes to adopt this method and to substitute state

control for the authority and guidance of the parents and

is destructive of American independence.

4. Overcrowding Schools and Increased Taxes.

We, in Oregon, are justly proud of our school system

but we have already felt the burden of taxes necessary

for its support. If the number of children now attend-

ing the public schools is to be increased by adding those

now taught in private schools it is inevitable that over-

crowding must result, and it is also certain that taxes

must be materially increased or that the present stand-

ards of instruction must be materially lowered.

5. Do We Favor Blue Laws?

If the state can require all children to receive only

the instruction prescribed by public school directors what

is to prevent the state from forcing upon all its citizens

a particular religious creed, from requiring all its citi-

zens to receive treatment from state physicians or from

enforcing the Puritan Sunday and a code of Blue Laws?

6. Conditions Do Not Demand This Measure.

Conditions in Oregon certainly do not eall for any

such drastic measure. The population is 85.1 per cent

native white, and only 13 per cent foreign born white

and three-fourths of the latter are naturalized. There

is no crowded foreign section in any Oregon town.

7. Title of Measure is Deceptive.

This is misealled a compulsory educational measure.

Compulsory education is now required under existing

law. Under the present law all children must be edu-

cated up to the standard of the common schools and the

supervising officers of the public schools apply the test.

We, the undersigned, are strongly in favor of public

schools and of compulsory education, but we believe that

the proposed measure will injure rather than aid the

cause of education and that it is destructive of true

Americanism,

W. M. Ladd, Portland, Oregon.

J. C. Ainsworth, Portland, Oregon.

C. D. Bruun, Portland, Oregon.

F. L. Shull, Portland, Oregon.

Charles H. Carey, Portland, Oregon.

K. C. Sammons, Portland, Oregon.

K. C. Shevlin, Portland, Oregon.

Chas. J. Gray, Portland, Oregon.

Wm. D. Wheelwright, Portland, Oregon.

Richard W. Montague, Portland, Oregon.

C. F. Adams, Portland, Oregon.

W. B. Ayer, Portland, Oregon.

James B. Kerr, Portland, Oregon.

(On Official Ballot, Nos. 314 and 315)

ArcuMEntT (Negative)

Submitted by Board of Trustees of St. Helen’s Hall:

Rt. Rev. Walter Taylor Sumner, D. D., Bishop of Oregon,

President; Rev. John D. Rice, Vice-Chairman; A. M.

Ellsworth, Secretary and Treasurer; and Rev. H. D.

Chambers, W. J. Henderson, and Clarence D. Porter,

opposing the Computsory Epucation Bru.

We are opposed to proposed bill

because the enactment of it will consti-

tute an unwarranted and unjustified

invasion of the civil and religious lib-

erty of the citizens of this state. No

invidious fact or condition affecting

publie interest has been called to our

attention that would furnish in the

slightest degree an excuse for the pro-

posed legislation.

We ask all citizens to register their

vote against this bill.

Respectfully submitted,

Boarp or Trustees or St. HeLen’s Hatt,

Wauter Taytor Sumner,

Bishop of Oregon, President.

Rev. Joun D. Ricz,

Vice-Chairman.

A. M. Ex.tsworrs,

Secretary and Treasurer.

Rev. H. D. Cuamsers,

W. J. Henverson,

Ciarence D. Porter.

fe a

(On Official Ballot, Nos. 314 and 315)

ARGUMENT (Negative)

Submitted by Ruth Catlin, Principal of Miss Catlin’s

School, Portland, Oregon; Addison C. Jewell, Principal

of Preparatory School, Portland, Oregon; Joseph A.

Hill, Principal of Hill Military Academy, Portland, Ore-

gon, and Mrs. Calvin B. Cady, Principal of Musie-Educa-

tion School, Portland, Oregon, opposing the Compuxsory

Epucation Bru.

Do you believe in our public schools?

Every right-minded American answers, ‘‘ Yes.”’

Do you believe they should have our full, complete

and loyal support?

Again, every right-minded American answers, ‘‘ Yes.’’

Is our full support of the public schools diminished by

our support of the private schools? No, the two systems

work perfectly side by side. The public schools neces-

sarily and properly educate the vast majority, but by

methods exacted by large numbers. The private schools

educate comparatively few but with more attention to the

individual. The ordinary branches of learning are ac-

quired in both systems. The public schools can afford no

more. The private schools by their independent position

offer varied opportunities and individual development

impossible or unsuitable in the public schools.

As citizens of Oregon and as principals of non-sec-

tarian private schools we oppose the Compulsory Educa-

tion Biil.

As citizens we object to the measure because it de-

prives parents ef the right to choose the means of

education for their children. We believe in the necessity

and value of the public schools and in the right of the

state to require the education of its children by competent

teachers and according to certain scholastic standards.

We are equally firm in our belief that parents have the

right to choose the school in which their children shall be

educated so long as the state’s standards are fulfilled.

The states of the Union so far have been content to com-

pel children to attend some school either public or pri-

vate where the state standards are maintained. If this

measure becomes law it will be the first attempt in this

country to compel every child to attend a particular kind

of school.

As principals of the schools represented we object to

the proposed law as it directly affects us in the following

respects:

1. It will destroy the capital invested in our schools.

The total capital invested in the lands, buildings, equip-

ment and endowment funds of the four schools is more

than $250,000.00. The buildings and equipment are of

little value except for private schools and the use of the

endowment funds is limited to private educational pur-

poses. ‘T'wo of the schools have pupils of high school

grades who are not directly affected by this bill and it

may be supposed that these schools can continue with

such pupils, but the withdrawal of one-half of the chil-

dren and one-half the income would kill the school.

Moreover, we shall have no feeling of security in conduct-

ing the high school grades, for if this bill passes there

appears to be no reason why a similar attempt will not

be made to destroy the higher schools.

2. It will deprive us and our teachers of the right to

earn a living in a lawful occupation.

The principals and teachers of the four schools are

largely college graduates who have given the best part

of their adult years to teaching. As private school teach-

ers they have been trained through an experience dif-

ferent from the public schools. The smaller classes in

the private schools allow greater freedom of action, a

less rigid discipline, more initiative and a closer relation

with individual pupils than can be permitted in the public

schools with their larger classes.

3. This law will destroy schools which provide de-

sirable methods and courses of study, which the public

schools have not adopted and probably never can adopt.

Our four schools meet the public school requirements

as to courses of study, competency of teachers, and

attainments of pupils. And because they are private

schools we do more in many respects than the public

schools. Our chief advantage lies in the smaller classes.

While the Portland public elementary schools have one

teacher for about 40 pupils, our schools have one teacher

for about 12 pupils. This means better teaching and

more attention to each child’s development. In the pri-

vate schools far more consideration ean be given to

healthful conditions. Quiet, uncrowded, well ventilated

rooms are provided. No one interested directly or in-

directly in the public schools approves of the large

classes and the over-crowding. They are endured only

because of the enormous cost of curing the evil. The

private schools consider the smal! classes essential to

their success and they provide the necessary teachers

only at greatly increased expense.

Our schools furnish other special inducements which

in the eyes of our patrons are advantages. In the judg-

ment of some parents co-education is not best even for

young children and they prefer to send their boys to a

school exclusively for boys like the Hill Military Acad-

emy and their girls to Miss Catlin’s. Shall such parents

be deprived of the right to exercise their judgment? Is

the state injured by having such schools?

Some parents wish the discipline and training of a

military school for their boys. Is the Hill Military

Academy to suffer because it offers this kind of instruce-

tion under an army officer detailed by the United States

government?

Kach private school equals the studies of the public

schools and can give special advantages in additional

subjects including the arts, languages, and manual

training.

The schools we represent are in Portland and some

children come to us from other parts of Oregon and

from other states because of our climate, the Art Mu-

seum, the Public Library and the special advantages of a

large city. The time will come, unless this bill passes,

when similar schools in eastern Oregon or in the Rogue

River valley will prosper on account of the benefits af-

forded by their different climate and surroundings,

Two of our schools furnish boarding facilities and

thus give an opportunity for the care as well as instruc-

tion of children who have lost a home by the death of

one or both parents. Can the state undertake to give

such children the care which they now receive in the

private schools?

“7

Two of our schools, by succession to older schools,

have a long and useful past in the educational history of

the state. The Portland Academy was founded in 1880

under the principalship of Dr. Joseph R. Wilson and Dr.

S. R. Johnson. Miss Jewell was the principal and Miss

Quigg a teacher in the elementary department when the

academy closed in 1916 and they then started their

Preparatory School. The influence of the academy in

this community is manifest in the lives of its many grad-

uates. The Bishop Scott Grammar School was founded

in 1870 by the Protestant Episcopal Church. It closed

as a church school in 1901 and Dr. J. W. Hill, who had

been its principal, opened the Hill Military Academy, at

the present location, and in 1908 Dr. Hill’s son succeeded

him as principal. Again we have a school with a long

and useful career in education.

Miss Catlin started her school in 1912 and Mr. and

Mrs. Cady the Music-Education School in 1913. Their

graduates are still too young to have made the impres-

sion on the city which has come from the older schools,

but each has done its work to the satisfaction of its

patrons.

Finally, the bill should be defeated because:

It would deprive public school education of the bene-

fits it receives from the experiments in methods, research

work and high standards contributed by independent

schools.

It is against the best American ideals of freedom in

that it denies to men and women freedom of thought and

action in the choice of environment and influences for

their children.

It is Prussian in spirit and method and would be a

piece of majority tyranny in legislation.

It represents an anti-American effort to standardize

the individual and strikes a blow at democracy’s long

struggle to protect the individual in his right to direct

his own life.

Ruth Catlin,

Principal of Miss Catlin’s School.

Addison C. Jewell,

Principal of Preparatory School.

Joseph A. Hill,

Principal of Hill Military Academy.

Mrs. Calvin B. Cady,

Principal of Music-Education School.

(On Official Ballot, Nos. 314 and 315)

ArcuMEnt (Negative)

Submitted by The Seventh Day Adventists of Oregon,

H. G. Thurston, General Field Secretary, opposing the

Computsory Epucation B11.

We believe in our public schools. We believe they

should be supported by public taxation. We believe their

highest aim is to assist in developing intelligent citizens.

We believe in compulsory education. We are not at all

certain, however, that a man educated in the public school

is more intelligent than if he were educated in a private

or sectarian school. Nor have we heard convincing argu-

ment that a person is necessarily more patriotic, if edu-

cated in a public school, than if he were educated in a

school not supported by public taxation.

For its first 50 years, our country had no public

schools; but the patriotism of that time cannot be ques-

tioned. If anarchy is taught by any teacher of private

or public school, this can and ought to be corrected by

the government. Is it proven that anarchy is bred, and

hatred for the ‘‘stars and stripes’’ is begotten by a daily

study of the gospel of Jesus Christ? Those initiating

the measure are well aware that not all who have at-

tended public schools are desirable citizens. Anarchists

and criminals have, many of them, attended public

schools; therefore attendance of public schools is not the

infallible road to good citizenship.

We favor state inspection of all schools. We favor

an educational standard for private or sectarian schools,

at least equal to the standard of the public schools.

Civil governments are ordained of God to protect men

in their natural rights, and, as Thomas Jefferson de-

clared June 7, 1816, ‘‘to take none of them from us.”’

The greatest constitution ever framed by human hand

declares, ‘‘congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise

thereof.’’ U.S. Constitution Art. 1, Amendments.

Some believe it is their inalienable and constitutional

right to educate their children for missionary service,

To many parents this has become a religious duty and is

an ‘‘exercise’’ of their religion, and a matter of con-

science. Where the equal rights of others are respected,

in America ‘‘the dictates of conscience’’ are held sacred.

Christians believe the Master’s great commission is of

force today. He said, ‘‘Go ye into all the world and

teach all nations’’; and this work is to continue ‘even

to the end of the world.’’

Seventh-day Adventists believe early training is

highly essential for the greatest efficiency as mission-

aries. They have proven this by actual experience. In

their efforts to assist in evangelizing the world, these

people have established many schools.

In addition to the fundamental branches taught in

the public schools, they are instructed, not only in true

Americanism, but also in their duty to the heathen of all

lands. They now have about 40,000 students in actual

training, a large number of whom are inspired by the

missionary idea. More than 1,300 teachers are conduct-

ing elementary schools. In the great world evangeliza-

tion effort, they paid last year more than $8,462,000. Nor

does this sum include the cost of their educational work,

This was an additional sum. Oregon has become a lib-

eral sharer in this effort. Will the noble, liberty-loving

citizens of this commonwealth, by adopting this measure,

help to brand this state as the first in the Union to cut

short the efforts of Christian people to discharge the

solemn duty which they feel they owe to men in other

lands less favored than ours?

We understand the exemption noted in (d) of the

measure does not include parochial or sectarian schools.

They are abolished altogether. It gives almost unlimited

powers to the superintendent of instruction in each

county. The power granted him in this measure might

be misused, and, through prejudice, become tyrannical.

Let all our children be taught in English. No sec-

tarian school should seek or accept state aid. The public

school can not and ought not to attempt to train students

= — lines. Such effort would prove a complete

ailure.

We are not ashamed of the product of our parochial

schools when conducted by well-trained spiritual teach-

ers. If all the children of the land could receive this

same kind of spiritual food in connection with their secu-

lar education, we feel confident that our republic would

have nothing to fear, and there would be very little need

for policemen and jails in the future.

We have no disposition to question the sincerity of

the promoters of this measure; but we see many reasons

which convince us that it is un-American and unconstitu-

tional, and will not accomplish the end sought. This

measure virtually involves a union of church and state.

In this case the state exercises arbitrary authority over

the church as was done in the days of the old Roman

Republic. Who wants a return of those cruel days? The

adoption of this measure would trample upon the con-

stitutional rights of parents.

The government that turns its citizens into subjects

and makes them mere cogs in a wheel, without any rights

of their own, is a government that is transforming itself

into a tyranny, and is paving the way for its downfall.

No government that sets itself up above the inalienable

rights of its citizens, and tramples these rights into the

dust by the exercise of unjust and arbitrary power, can

long endure. The measure is ‘‘paternalism’’ on the part

of the state, and a thousand evils will surely follow if

it is ever enacted. It should be defeated.

Tue Sevento Day ApveENTists oF OrEGon,

By H. G. Thurston,

General Field Secretary.

—

(On Official Ballot, Nos. 314 and 315)

ArcuMEntT (Negative)

Submitted by W. H. Boddy, of Hood River, Oregon;

William Moll Case, of Eugene, Oregon, and Boudinot

Seeley, of Portland, Oregon, opposing the Computsory

Epvcation Bi.

On July 12, 1922, a group of 25 Oregon ministers,

members of the Presbyterian Church, adopted the follow-

ing statement of belief:

‘*Whereas, much of the propaganda in favor of this

bill has been conducted in the name of Protestantism, we

the undersigned ministers, members of the Presbyterian

Church, believe that the proposed legislation is inimical

to the highest human welfare for the following reasons:

1. It proposes to abolish one system of religious

education and offers no substitute for it in any plan of

religious instruction in connection with the public school

system.

2. It is based on the philosophy of autocracy that the

child belongs primarily to the state; it is an unjustifiable

invasion of family authority and threatens ultimately

the guarantees of our American liberty.

3. The proposed legislation in its conception, promo-

tion and execution violates what we conceive to be the

spirit of fraternity and brotherly love taught by our

Master.

At the same time we desire that it be understood that

we favor the erection of standards by the state depart-

ment of education for both students and teachers in all

private schools.’’

Signers of the statement were:

William H. Boddy, pastor Community Church, Hood

River, Oregon.

Boudinot Seeley, superintendent of church extension,

Portland, Oregon.

Edward H. Pence, pastor Westminster Presbyterian

Church, Portland, Oregon.

—

Ward W. McHenry, pastor Mt. Tabor Presbyterian

Church, Portland, Oregon.

Arthur M. Rice, pastor, Klamath Falls, Oregon.

Allan McRea, pastor, Tillamook, Oregon.

W. Lee Gray, pastor, Rogue River, Oregon.

George T. Pratt, Wendling, Oregon.

J. E. Youel, pastor, Dallas, Oregon.

G. H. Wilbur, pastor, Milton, Oregon.

William Moll Case, pastor Central Church, Eugene,

Oregon.

John J. Canoles, pastor, Lebanon, Oregon.

William Crosby Ross, pastor, LaGrande, Oregon.

Bert S. Hughes, pastor, Union, Oregon.

A. J. Hanna, pastor Marshall Street Church, Port-

land, Oregon.

A. R. Spearow, pastor, Cottage Grove, Oregon.

James Akin Smith, pastor Hope Church, Portland,

Oregon.

Bruce J. Griffin, University pastor, Eugene, Oregon.

Joseph Y. Stewart, pastor, Whiteson, Oregon.

V. E. Schanbel, pastor, Redmond, Oregon.

Norman K. Tully, associate pastor First Presbyterian

Church, Portland, Oregon.

J. E. Snyder, pastor, Corvallis, Oregon.

William E. Baskerville, pastor, Langlois, Oregon.

J. C. Mergler, pastor Vernon Presbyterian Church,

Portland, Ore.

W. EF. Shields, pastor, Wallowa, Oregon.

Submitted by,

W. H. Boppy,

Hood River, Oregon.

Witu1aM Mott Casz,

Eugene, Oregon.

Bovupinor SEgE.zEy,

Portland, Oregon.

(On Official Ballot, Nos. 314 and 315)

ArouMent (Negative)

Submitted by the Catholic Civie Rights Association

of Oregon, by J. P. Kavanaugh, Frank i Lonergan, Dan

S. Malarkey, Wm. A. Munly, Henry E. MeGinn, Arthur

C. Dayton, and P. J. Hanley, Executive Committee, op-

posing the Computsory Epucation Bru.

What our state and country need is not discord but

harmony ; not division but unity. The Puritans, the Hu.

guenots, the Cavaliers, the Quakers, the Catholics, and

others, came to this country to escape religious and

litical persecution. They craved civil and religious

iberty. The finest expression of the American spirit was

the Declaration of Independence. That spirit sustained

them through the hardships and privations of the Revo-

lution. It was finally crystallized in the Constitution and

Bill of Rights. Americans became a great national fam.

ily. They dwelt together in peace. They fought and fell

together in war to establish and sustain the government

and its institutions of liberty.

Oregon has been free from racial and religious strife

for a long time. It has had a long period of prosperity

and social peace. Its population is largely native born.

It ranks high in education. It has fewer illiterates than

almost any state in the Union. It was the first state in

volunteer service in the great war. This record was

achieved under existing conditions and institutions.

There is no oceasion now for agitation that will estran

old friends and neighbors and that will divide our people

into classes and factions. In the war no one was re-

jected on account of the school he attended or the religion

e professed. No greater misfortune could befall us than

movements calculated to create divisions.

A heavy burden is laid upon the parents of this gen-

eration by the present social conditions. Their children

are in their keeping. It is their right and their duty to

train and discipline their children so that they will be-

come useful and loyal citizens. The right of the parent

to select the mental and moral training of the child is

fundamental and inalienable. It is the most primary

Pera Ses

—

right recognized by enlightened countries. That right

cannot be invaded without violating the constitutional

guarantees. This right has been recognized in this coun-

try from the beginning. For more than 140 years these

private schools have been maintained and they exist in

every state of the Union. They are thoroughly efficient

in every department of instruction. They carry the same

course of study as the publie schools, and these courses

are supervised by the superintendent of public instruc-

tion. Their students pass the state examinations when

they complete the primary grades. Their uniform high

standing in these examinations attests the quality of

their instruction. There has never been a law of this

kind enacted in this country. It was proposed in Mich-

igan at the last election and decisively defeated at the

polls. It failed to secure sufficient signatures in Mich-

igan this year to again place it on the ballot.

Many of the leading public men of the country, includ-

ing Theodore Roosevelt, Woodrow Wilson, Henry Cabot

Lodge, Oscar Underwood and others, received their in-

struction in private institutions. Mr. Philander Claxton,

until recently U. S. Commissioner of Education, declared

in a public address: ‘‘I believe in the public school sys-

tem. It has been the salvation of our democracy, but the

private schools and colleges have been the salvation of

our public schools. These private institutions have their

nee in our educational system; they prevent it from

ming autocratic and arbitrary encourage its

growth along new lines.’’ Thomas Jefferson was em-

—_ in his praise of private elementary schools of his

All of the private schools give instruction in civics

and American history, and patriotic exercises, at least

ual in amount to such courses in the public schools, and

with text books approved by the department of public

instruction. No foreign | is used as a medium

of instruction; all use English Few of the students

attending — schools are children of foreign born

rents. The vast majority of the children of foreign

rn parentage in Oregon attend the public schools,

Oregon requires immigration for its development.

California has 22 persons to the square mile, Washington

—_— :

has 20, and Oregon has but 8 and a fraction to the square

mile. Immigration is not attracted by freak legislation,

and many at whom measures of this kind are aimed will

prefer to live in other states where a more liberal spirit

prevails.

Under the terms of this measure the county super-

intendent is charged with the tremendous task and re-

sponsibility of granting permits to individual parents to

engage private instructors for their children. Out of the

thousands of applications that will be made, the super-

intendent may, of his own volition, grant permission to

some and refuse others. The imposition of this task will

make that office odious and subject the superintendent to

the charge of favoritism. This is a delegation of final

authority to an official that is out of harmony with the

spirit of our institutions.

There is a compulsory educational law in force in

Oregon now. Every normal child must attend school in

the primary grades. The title of this bill is intended to

mislead in that respect. The proposers of this measure

have tried to create the impression that there is an attack

upon the public schools. There is not the slightest antag-

onism to the public schools from any source.

The proposers are the aggressors, and have forced

this issue upon the public. Persons who arouse racial

or religious prejudices as a means of securing place or

power will not be convinced by any showing, but the

broad, liberal-minded American wants to know the facts.

He will realize that this measure will create a tremen-

dous burden of taxation, and that it is an invasion of

fundamental rights guaranteed in terms by the Con-

stitution of Oregon.

CatrnHoiic Civic Rieuts Association

or OrEGoN,

By J. P. Kavanaugh,

Frank J. Lonergan,

Dan J. Malarkey,

Wm. A. Munly,

Henry E. McGinn,

Arthur C. Dayton,

P. J. Hanley.

ReEsoLuTion OF GENERAL CoNVENTION OF PROTESTANT

Episcopat Cuurcn.

At the General Convention of the Protestant Epis-

copal Church in the United States of America held in the

City of Portland, Oregon, on September 19, 1922, the

following resolution was adopted during the pendency of

the agitation for the enactment by Initiative Petition of

the Oregon Compulsory Public School Law now before

the court:

‘‘Wuereas, there has been introduced into the

Congress of the United States a bill to regulate

further the Public School system of the nation;

and

‘*Wuerras, Legislation has also been attempted

in different parts of the country, which, if success-

ful, will have the effect of eliminating all schools

under the direction of the Church, and all other

private schools giving education through the ele-

mentary grades; and

‘*Wuereas, We desire to express our approval

of the Public School system in our land and our

sympathy with all well considered efforts to de-

velop and improve the public schools; and

‘*Wuereas, We also believe that the English

Language should be the sole medium of instrue-

tion in all our Public Schools; therefore be it

‘*Resotvep, the House of Bishops concurring,

that the General Convention expresses its abiding

conviction that instruction in religion is an essen-

tial element in all true education, and that Church

Schools have an indispensable part in our educa-

tional system; and be it

‘*FurtHer Resovep, the House of Bishops con-

curring, that this General Convention goes on rec-

ord as deprecating and opposing any and all move-

ments seeking to secure legislation having as its

natural result the injury and perhaps the destruc-

tion, of the Church schools of our land.’’

On November 7, 1924, this Society through the Na-

tional Council, acting as its board of directors, adopted

the following resolution:

‘*Resoivep, That the National Council places

itself on record as being against the Oregon Com-

pulsory School Bill.

‘*Resotvep, That the matter of properly repre-

senting the National Council in the litigation rela-

tive to the Oregon Compulsory School Law now

before the United States Supreme Court be re-

ferred to Mr. Hotchkiss with full power.’’

P yee sa geveaar

Remarks BY Exinv Root at Mass Meetine in Maptson

Square Garven, Sunpay, January 18, 1925, uv sup-

PORT OF MOVEMENT TO COMPLETE Protestant Eptsco-

PAL CATHEDRAL or St. JOHN THE Divine In THE City

or New York.

We are here to make open demonstration in behalf of

a public expression of faith. We represent widely differ-

ing opinions upon religious questions, but we are not here

to promote any one of them. We see about us a world in

which attention is engrossed by controversy regarding

material things and non-essential differences of opinion

and the personal conflicts which arise from prejudice and

passion. Meantime the more vital truths of the spirit,

upon which we are all willing to agree, tend to be for-

gotten. Assent to them grows more mild and indifferent.

Spiritual forces tend to exercise less control over the

conduct of life. Spiritual values tend to weigh less in

determining ambition and aspiration.

The rulers of the greatest of European nations have

proclaimed Atheism as the doctrine of the state and are

urging it upon their millions of people with a vast propa-

ganda. In our own country which has so many just and

kindly people, so many humane and charitable people,

under reaction from the exaltation and sacrifice of the

war time, materialism grows strong.

A nation cannot live without nobler ideals than mere

material prosperity. Its people must have beliefs. They

must have aims beyond mere security or comfort or lux-

ury. Without faith a nation is sure to die.

There is need for reaffirmation of the vital truth that

there is a spiritual life, something more than wealth and

luxury, more than leisure and comfort, more than any-

thing that money can buy.

It is not enough that a truth be declared and then left

to be taken for granted. Men forget. Things visible and

tangible occupy the field of thought. New generations

occupy the earth. Truth must be continually redeclared

and kept in the mind if it is to be maintained as a living

force. Words are feeble instruments to affect the human

mind and heart. The millions of words which every year

are spoken and written and printed are mostly futile.

Modern sophistication adds to the difficulty. Such a vast

multitude of ideas are urged by the voice and exploited

in print that novelty has disappeared and indifference

closes the mind. Now and then some powerful personal-

ity impresses itself for a brief time and within a narrow

circle. At long intervals the inspiration of some great

example attracts a following, or the beauty and pathos

of some conspicuous sacrifice compels sympathy; but

these are soon forgotten.

There remains one form of expression in which even

we in our common work-a-day life can unite which will

kindle the imagination and will move the heart and uplift

the spirit of countless thousands for centuries to come.

It is the form through which the faith of the 13th century

expressed itself in the great cathedrals which testified to

a belief in spiritual life and in the presence of which

now, centuries after, all that is small and mean is sub-

dued by all that is reverent and noble in the beholder’s

nature.

Through the miracle of art at its noblest, we can build

here a great cathedral which shall testify that the faith

of America is not dead, which shall be a memorial of all

the saints and martyrs and heroes of the spiritual life of

the world, which shall impress upon the millions who

enter it lessons of reverence and faith, and which, as it

towers over this great city of wealth at the gateway of

the new world, will carry to all who see it from afar, a

perpetual declaration that above the material life there

is a spiritual life, above the temporal there is the eternal.

ACT OF CONGRESS OF FEBRUARY 4, 1925.

(Pustic—No. 361—68TH Coneress)

(S. 2842)

Aw Act to provide for compulsory school attendance, for

the taking of a school census in the District of Colum-

bia, and for other purposes.

Be it enacted by the Senate and House of Representa-

ey of the United States of America in Congress assem-

bled,

ARTICLE I—COMPULSORY SCHOOL ATTENDANCE.

Section 1. Every parent, guardian, or other person

residing permanently or temporarily in the District of

Columbia who has custody or control of a child between

the ages of seven and sixteen vears shall cause said child

to be regularly instructed in a public school or in a pri-

vate or parochial school or instructed privately during

the period of each year in which the public schools of the

District of Columbia are in session: Provided, That in-

struction given in such private or parochial school, or

privately, is deemed equivalent by the Board of Educa-

tion to the instruction given in the public schools.

Sec. 2. Any child between the ages of fourteen and

sixteen years who has completed satisfactorily the eighth-

grade course of study prescribed for the public elemen-

tary schools of the District of Columbia, or a course of

study deemed by the Board of Education equivalent there-

to, may be excused by the superintendent of schools from

further attendance at school under the provisions of this

Act, provided he is actually, lawfully, and regularly em-

ployed.

Sec. 3. The Board of Education of the District of

Columbia may issue a certificate excusing from attend-

ance at school a child who, upon examination ordered by

such board, is found to be unable mentally or physically

to profit from attendance at school: Provided, however,

That if such examination shows that such child may

benefit from specialized instruction adapted to his needs,

he shall attend upon such instruction.

Sec. 4. The Board of Education shall define in its

rules and regulations valid excuses for absence from

school, and the absence of a child between the ages of

seven and sixteen years for any reason other than go

defined as valid shall be unlawful.

Sec. 5. An accurate daily record of the attendance

of all children between the ages of seven and sixteen

years shall be kept by the teachers of every public, pri-

vate, or parochial school and by every teacher giving in-

struction privately. Such record shall at all times be

open to the school-attendance officers or other persons

authorized to enforce this Act, who may inspect and copy

the same.

Sec. 6. It shall be the duty of every principal or head

teacher of every public, private, or parochial school, or

private teacher to report to the department of school

attendance and work permits the name and address of

any child between the ages of seven and sixteen years

enrolled in his school whenever such child has been ab-

sent from school two day sessions or four one-half day

sessions or more in any school month, together with the

reason for such absence as far as known.

Sec. 7. The parent, guardian, or other person resid-

ing permanently or temporarily in the District of Colum-

bia and having charge or control of any child between the

ages of seven and sixteen years who is unlawfully absent

from public or private school or private instruction shall

be guilty of a misdemeanor, and upon conviction of fail-

ure to keep such child regularly in public or private

school or to cause it to be regularly instructed in private,

shall be punished by a fine of $10 or by commitment to

jail for five days, or by both, at the discretion of the

court: Provided, That each two days such child remains

away from school unlawfully shall constitute a separate

offense: Provided further, That upon conviction of the

first offense, sentence may, upon payment of costs, be sus-

pended and the defendant placed on probation.

ARTICLE II—SCHOOL CENSUS.

Section 1. That it shall be the duty of the director of

school attendance and work permits, under instruction

REA ATLA RELI ESET og NE he yemion crete eR

_—

of the superintendent of schools, approved by the Board

of Education, to cause to be made a complete census of

all children between the ages of three and eighteen years

permanently or temporarily residing in the District of

Columbia, and annually thereafter or as frequently as

may be found necessary or desirable. Such census shall

be amended from day to day as changes of residence

occur among children within the ages prescribed in this

Act, and as other persons come within the ages pre-

scribed, and as other persons within such ages shall be-

come residents of the District. The record of such enu-

meration of children shall give the full name, address,

race, sex, and date and place of birth of every such child,

the school attended by him, and if the child is not at

school the name and address of his employer, if any, and

the name, address, and occupation of the parents or

guardian.

Sec. 2. It shall be the duty of the principal or head

teacher of every public, private, or parochial school or

private teacher, in accordance with the rules adopted by

the Board of Education, to report to the director of the

department of school attendance and work permits the

name, address, sex, age, and race of every child under

eighteen years of age residing permanently or tempo-

rarily in the District of Columbia who enrolls in or with-

draws from his school.

Sec. 3. Any parent, guardian, custodian, principal,

or teacher of a child between the ages of three and

eighteen who willfully neglects or refuses to provide the

information required by this Act, or who knowingly

makes any false or untrue statement, shall be guilty of a

misdemeanor and on conviction shall be punished by a

fine of $10 or by commitment to jail for five days, or by

both, at the discretion of the court.

ARTICLE III—ADMINISTRATION.

Section 1. The Board of Education is hereby au-

thorized to consolidate the administrative duties incident

to the enforcement of the provisions of this Act and of

the Act to regulate child labor under a single division

to be known as the department of school attendance and

work permits.

Sec. 2. The Board of Education is hereby author-

ized, empowered, and directed to appoint a director of

said department whose rank shall correspond to that of

other directors who serve as officers of the Board of

Education, and who shall be paid the same salary as said

directors, and who shall be known as the director of the

department of school attendance and work permits, and

also to appoint such a number of attendance officers,

inspectors, clerks, and other assistants as shall be neces-

sary to carry out the provisions of this Act.

Such appointments, other than that of the director

of said department and clerks, shall be made from the

list of applicants obtained from open competitive exam-

inations conducted by the respective boards of exam-

iners of the Board of Education, and designed to test the

fitness of the applicants for the duties to be performed.

Sec. 3. That the juvenile court of the District of

Columbia is hereby given jurisdiction in all cases arising

from this Act.

Sec. 4. The Act of Congress approved June 8, 1906,

entitled ‘‘An Act providing for compulsory education in

the District of Columbia,’’ and all other Acts or parts of

Acts inconsistent herewith, are hereby repealed.

Sec. 5. That this Act shall take effect from the date

of its enactment.

Approved, February 24, 1925.

Twenty-sixth Biennial Report

of the

Superintendent of Public Instruction

of the

State of Oregon

to the

Thirty-third Legislative Assembly

Regular Session

1925

1923-1924

Census

Enrollment (p. 42).

Number of pupils in grade (public) schools.......... 152,320

Be HI assists icnsesitansnansupititminiinintinnnciienaiiiic 35,662

Private and Parochial Schools, p. 43

(1923-1924)

Average

number of

Grade of months Number of —Teachers— Pupils

schools taught schools Men Women Boys Gi

Elementary........-.------ 8.5 99 149 392 6,119 5,6

Secondary............-.---- 9 14 ae 294 3

| Ttele..-....--.-- san 113 177s 480 6,413 5,9

Laws or Orecon, 1925.

Aw Act approved February 9, 1925.

Section 1. That any child attending the public

school, on application of his guardian or either of his

parents, may be excused from such school for a period

or periods not exceeding one hundred and twenty (120)

minutes in any week to attend week-day schools giving

instruction in religion.

ESLER PELE EEE TL SF

Supreme Court of the

United States

OCTOBER TERM, 1924, No. 583

WALTER M. PIERCE, as Governor of the

State of Oregon; ISAAC H. VAN WINKLE,

as Attorney General of the State of Oregon,

and STANLEY MYERS, as District At-

torney for Multnomah County, State of

Oregon, Appellants

vs.

THE SOCIETY OF THE SISTERS OF THE

HOLY NAMES OF JESUS AND MARY,

Appellee

APPENDIX II

TO BRIEF IN BEHALF OF APPELLEE

STATE LAWS RELATIVE TO PRIVATE

SCHOOLS AND CLASSIFIED

SUMMARY THEREOF

THE BELVEDERE PRESS, INC., PRINTERS, BALTIMORE, MD.

State Laws Relative to Private Schools

and

Classified Summary Thereof

cece aaeammerme aac ot nama Mi ar gs:

CONTENTS

STATE LAWS RELATIVE TO PRIVATE SCHOOLS

ELA Dy hb Aviv bes oxen savas bod «be Saree dd Coe ae ee 9

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ONS tb Uliinlvenat de evib'seS Sale ids Ei or uss, ox ee 36

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SIR Fs as oii ENG ANd sete Ole eh cea ee ee 45

ESTA AAS S Sh9 0:0 fare aec\gienigy eee eae 49

ES Pi aig Caos Siete wep cate tat slae dee nt. cake 51

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STATE LAWS RELATIVE TO PRIVATE SCHOOLS

ALABAMA

No Appropriation for Sectarian Purposes.

“No money raised for the support of the public schools shall be ap-

propriated to or used for the support of any sectarian or denominational

school. (Constitution, Article XIV, 263.)

Exemption from Taxation.

“The property of private corporations, associations and individuals

of this State shall forever be taxed at the same rate; provided, this section

shall not apply to institutions devoted exclusively to religions, educational

or charitable purposes.” (Constitution, Art. XI, Sec. 217.)

Compulsory Attendance.

“Every parent, guardian, or other person in the State of Alabama

having control or charge of any child or children between the ages of

eight (8) and sixteen (16) years shall be required to send such child or

children to a public school or to a private, denominational or parochial

school, taught by a competent instructor, and such child or children

shall attend school for the entire length of the school term in every schol-

astic year.” (School Code, 1919, p. 49.)

Branches to be Taught. Use of English.

“In every elementary school in the State there shall be taught at

least reading, spelling, handwriting, arithmetic, oral and written English,

geography, history of the United States and Alabama, community civics,

agriculture, elementary science, hygiene, and sanitation, physical training,

and such other studies as may be prescribed by the State board of educa-

tion. English shall be the only language employed and taught in the

first six grades of the elementary schools in the State.” (School Code,

1919, p. 5.)

Physical Education.

“Every public school and private or parochial school shall carry out

a system of physical education, the character of which shall conform to

the program or course outlined by the State Department of Education.”

(School Code, 1922, p. 197.)

Certification of Private School Teachers.

“Every teacher employed in the schools giving instruction to pupils

within the compulsory attendance ages, shall after October 1, 1920, hold

a teacher's certificate issued by the State Department of Education.”

(School Code, 1919, p. 51.)

0 Private Schools and State Laws

ulations Relative to Teachers’ Certificates.

(School Code, 1919, pp. 53-56.)

vate Schools Must Report.

“All private, denominational and parochial schools or institutions of

my kind having a school in connection therewith shall register annually

m or before the tenth day of October with the State Department of

ducation and are required to report on uniform blanks furnished by the

tate Superintendent of Education giving such statistics as relate to the

umber of pupils, the number of instructors, enrollment, attendance,

ourse of study, length of term, cost of tuition, funds, value of property,

d the general condition of the school, and any president or acting head

f any such institution mentioned above who fails to so register or to

ake the reports required above when called on shall be punished by a

e of not less than ten ($10.00) dollars nor more than one hundred

100.00) dollars for each and every offense.

“All private, denominational, or parochial schools offering instruction

o pupils within the compulsory attendance ages shall keep all records and

ake all reports that may be required in any compulsory attendance law

ow in force or that may hereafter be enacted in the State of Alabama,

nd no pupil attending any private, denominational, or parochial school

vhich fails to comply with the requirements of this act shall be considered

s meeting the legal requirements of such compulsory attendance law.”

chool Code, 1919, pp. 110-111.)

hild Labor.

(School Code, 1919, pp. 147-156.)

hild Welfare Department.

The Child Welfare Department shall have the power ‘‘to exercise

lhe right of visitation, inspection and cooperative supervision of all

tate . . . . and other institutions, public or private, receiving or

aring for children, and of all orphanages, child placing societies .

.”’ (School Code, 1919, p. 157.)

aspection of Private Convents, Schools and Other Institutions.

“All public or private hospitals, reformatories, houses of detention,

tonvents, asylums, sectarian seminaries, schools or other like institutions

the State of Alabama shall be subject to inspection, and open to in-

ipection, by the inspectors hereinafter provided, at any and all times

tween the hours of 8 A. M. and 7 P. M., and at any other hour than

hose named, should the necessity therefor arise.

“Such inspection shall be made by an inspector or inspectors appointed

wy the governor of the State of Alabama—and it shall be the duty of the

overnor to appoint such inspector or inspectors and to direct when and

vhere such inspection or inspections shall be made.

“Such inspector or inspectcrs, when appointed, shall make a careful

nspection of the institution, directed to be inspected, as to its sanitary

onditions inside and outside of the buildings, all rooms in such building

buildings, and the surrounding grounds and out houses belonging to or

AERA, APTA: —y

Alabama ll

connected with such institution; shall have full power and authority, and

it shall be the duty of such inspector or inspectors to make inquiry of

all those kept, boarded or confined in such institution, separate and apart

from the presence of any officer or other person connected in any wa

with such institution, as to their treatment, whether they or others there

are subject to involuntary confinement or servitude, or are forcibly de

tained or unlawfully confined in such institution; the declared purpose of

this section being to afford, within the confines of the institution, and free

from interference by or intimidation from any officer or other person in

any way connected with said institution, a full opportunity to get the

facts from any one therein kept, boarded or confined as to the manner i

which such institution is conducted, and whether any one therein is in

voluntarily confined, subjected to servitude, or forcibly detained, or un

lawfully held.

Such inspector or inspectors, as soon after making an inspection as

practical, shall file in duplicate, one with the governor of the State of

Alabama and one with the Superintendent of Education of the State of

Alabama, a report in writing covering the points of inspection herein set

out, and such other things as may seem pertinent to the purposes of such

inspection, and stating conditions just as he found them, and as they are

reported to him or them by those residing in or kept or confined in such

institution; and this report shall be open to inspection by any citizen of

the State of Alabama, or any officer or agent of the Federal government.

“It shall be unlawful for any officer or agent of any institution directed

to be inspected, or for any other person, whether connected with said

institution or not, to in any way hinder or impede, oppose or prevent an

inspector or inspectors from performing their or his duty in making a

inspection, when directed so to do by the authority or authorities herei

mentioned, and any person convicted of violating any of the provisions

hereof shall be deemed guilty of a misdemeanor and upon conviction shall

be fined not less than Fifty, nor more than Five Hundred Dollars, and

also be sentenced to hard labor for the county for not less than thirty

nor more than one hundred and eighty days.

“Any inspector or inspectors appointed as herein provided, and who

accepts such an appointment, who shall divulge to any person or persons

until the inspection is made, the fact of his appointment or when or where

he will perform the inspection of any institution directed to be inspected

shall be guilty of a misdemeanor, and upon conviction shall be fined not

less than fifty nor more than five hundred dollars, and may also be sen

tenced to hard labor for the county for not less than thirty nor more

than one hundred and eighty days.

“All laws, local special and general or either in conflict with the

provision of this act be and they are hereby expressly repealed.”” (Schoo

Code, 1919, pp. 162-163.)

Incorporation of Denominational Education Boards.

“Education boards having for their purpose the fostering of educato

in general and education under religious denominational control in pa:

ticular may become incorporated as hereinafter provided, and may b

affiliated with or controlled by a convention or conventions, or an associ

tion or associations, whether incorporated or unincorporated, compose

12 Private Schools and State Laws

of members, delegates, representatives or messengers of or from any

church or religious association having a congregational form of churcy

government.

“Any persons desiring to become so incorporated and being not less

than five nor more than fifty in number shall file in the office of the Judge

-of Probate of the county in which the corporation is to have its principal

place of business a certificate stating the corporate name selected, etc.”

“Any corporation organized as herein provided ... . may

purchase and hold or receive . . . . real and personal property

such as may be necessary ... . to carry out the purposes and

objects of the corporation; to make all by-laws and regulations necessary

or deemed expedient for the management of the corporate affairs not

inconsistent with the laws of the United States and the State of Alabama

and not contrary to the constitution, rules and regulations of the con-

vention or association with which the said education board may be affili-

ated or by which it may (be) controlled; . . . . to establish and

support educational institutions; to print and disseminate religious and

educational literature; to establish and conduct a teachers’ bureau or

teachers’ bureaus; to receive and distribute all funds placed in its hands

for distribution; . . . . to solicit, collect or receive subscriptiors ‘

money or otherwise for the advancement of the purposes of the corpora-

tion; . . . . to adopt such methods and employ such agencies as

may be deemed necessary to create interest in education é

“Any corporation heretofore organized as an educational society under

the general laws of this State relating to corporations not of a business

character may accept the provisions of this act and become entitled to

the privileges and benefits thereof and subject to all the terms and pro-

visions thereof . . . .” (School Code, 1922, pp. 199-201.)

Fire Drill.

“It shall be the duty of the State Fire Marshal, his deputies and as-

sistants to require officials and teachers of public and private schools and

educational institutions to have at least one fire drill each month.”

(School Code, 1919, p. 171.)

ARIZONA

No Public Funds for Sectarian Purposes.

“No tax shall be laid or appropriation of public money made in aid

of any church, or private or sectarian school, or any public service cor-

poration.” (Constitution, Art. IX, Sec. 10.)

Exemption from Taxation.

“Property of educational, charitable, and religious associations or

institutions not used or held for profit may be exempted from taxation

by law.” (Constitution, Art. IX, Sec. 2.)

Compulsory Attendance.

“Every parent, guardian or other person in the State of Arizona,

aving control of any child between the age of eight and sixteen years,

Arkansas 13

is hereby required to send such child to a public school for the full time

that such school is in session within the district where such child resides,

provided that such parent, guardian or other preson having control of

such child shall be excused from such duty by the board of Trustees of

the district whenever it shall be shown to the satisfaction of such board

and of the county school superintendent that one or more of the following

reasons exist:

“That such child is taught at home by a competent teacher in the

branches taught in the common schools of the State.

“That he is attending a regularly organized private or parochial

school taught by competent teachers for the full time that the public

schools of the district are in session.” (School Laws, 1921, p, 48.)

Child Labor.

(School Laws, 1921, pp. 83-92.)

ARKANSAS

Exemption from Taxation.

ae the following property shall be exempt from taxa-

tion: . . . . school buildings and apparatus; libraries and grounds

used exclusively for school purposes, and buildings and grounds and ma-

terials — exclusively for public charity.” (Constitution, Art. XVI,

Sec. 5.

Compulsory Attendance.

“From and after September first, nineteen hundred and seventeen,

every parent, guardian or other person residing within the State of Ar-

kansas, having in custody or charge any child or children between the

ages of seven and fifteen, both inclusive, shall send such child or children

to a public, private or parochial school. F

“The minimum session of attendance under this Act shall be three-

fourths of the session or sessions of the public school in the district or

districts in which the child or children reside. All children shall be re-

quired to enter school not later than two weeks after the opening of the

session or term.”” (Digest of Laws Relating to Free Schools, 1920, p. 15.)

Use of English.

“The basic language of instruction in the common school branches

in all the schools of the State, public and private, shall be from and after

the passage of this Act the English language only.” (Digest of Laws

Relating to Free Schools, 1920, p. 159.)

Private School in a Public Schoolhouse.

“The directors may permit a private school to be taught in the dis-

trict school house during such time as the said house is not occupied by

a public school, unless they be otherwise directed by a majority of the

legal voters of the district.” (Digest of Laws Relating to Free Schools,

1920, p. 150.)

LAD a

14 Private Schools and State Laws

CALIFORNIA

No Appropriation for Sectarian Purposes.

‘No Public money shall ever be appropriated for the support of any

sectarian or denominational school, or any school not under the exclusive

control of the officers of the public schools; nor shall any sectarian or

denominational doctrine be taught, or instruction thereon be permitted

directly or indirectly, in any of the common schools of this State.” (Con-

stitution, Art. IX, Sec. 8.)

Exemption from Taxation.

“Any educational institution of collegiate grade, within the State of

California, not conducted for profit, shall hold exempt from taxation its

buildings and equipment, its grounds within which its buildings are lo-

cated, not exceeding one hundred acres in area, its securities and income

— "+ aya for the purposes of education.”” (Constitution, Art. XIII,

. la. :

Compulsory Attendance.

“Each parent, guardian or other person having control or charge of

any child between the ages of eight and sixteen years, not exempted under

the provisions of this act, shall be required to send such child to a public

full-tirse day school . . . . provided, that the following classes of

children shall be exempted by the proper school authorities from the re-

quirements of attendance upon a public full-time day school: . . . .

“(3) Children who are being instructed in a private full-time da

school by persons capable of teaching; provided, that such school shall be

taught in the English language and shall offer instruction in the several

branches of study required to be taught in the public schools of this state;

and provided, further, that the attendance of such pupils shall be kept

by private school authorities in a register, such record of attendance to

indicate clearly every absence of the pupil from school for a half day or

more, during each day that school is maintained during the year.

““(4) Children who are being instructed, in study and recitation, for

at least three hours a day for one hundred and sixty days each calendar

year by a private tutor or other person, in the several branches of study

required to be taught in the public schools of this State, and in the English

language; provided, that such tutor or other person shall be capable of

teaching; and provided, further, that such instruction shall be offered

between the hours of eight o’clock a. m. and four o’clock p.m.” (School

Law, 1921, pp. 167-168.)

Studies Required.

“Instruction must be given in the following branches in the several

grades in which they may be required, viz: reading, writing, spelling,

arithmetic, geography, language and grammar, with special reference to

composition, history of the State of California, history of the United

States with special reference to the history of the constitution of the

United States; and the history of the reasons for the adoption of each of

its provisions; the duties of citizenship, together with instruction in local

California 15

civil government; elements of physiology and hygiene, with special refer-

ence to the injurious effects of tobacco, alcohol and narcotics on the human

system; morals and manners. In the first six grades of the elementary

schools, at least two-thirds of the pupil’s time during each week shall be

devoted to study and recitation of the subjects hereinbefore enumerated,

and in the seventh and eighth grades at least twelve and one-half hours

of the pupil’s time each week shall be devoted to the study and recitation

of such subjects.

‘‘From the time remaining after the study and recitations of the studies

hereinbefore enumerated, at least twenty minutes of each school day

must be devoted by all pupils over the age of eight years to such physical

training as shall be most conducive to their proper physical development,

and instruction must be given in nature study with special reference to

agriculture and animal and bird life, music, drawing, elementary book-

keeping, humane education, and thrift.” (School Law, 1921, pp. 163-164.)

Use of English.

“All schools must be taught in the English language.’’ (School Law,

1921, p. 163.)

Teaching the Constitution.

“In all public and private schools located within the State of Cali-

fornia, commencing with the school year next ensuing after the passage

of this act, there shall be given regular courses of instruction in the con-

stitution of the United States, including the study of American institu-

tions and ideals.

“Such instruction in the constitution of the United States shall begin

not later than the opening of the eighth grade and shall continue in the

high school and in courses in state colleges, universities, and educational

departments of state, municipal and private institutions, to an extent to

be determined by the superintendent of public instruction. No pupil

shall receive a certificate of graduation from any such school unless he has

satisfactorily passed an examination on the provisions and principles of

the United States constitution.” (Session Laws, 1923, ch. 176.)

Special Part-Time Classes.

Minors under eighteen and over elementary school age, who have not

completed a public or private high school course and “are not in attend-

ance upon a public or a private full-time day school or satisfactory part-

time classes maintained by other agencies, shall be, and hereby ae, re-

quired to attend upon a special part-time class maintained by the high

school board of the district wherein they reside, or by the high school

board of an adjoining district, for not less than four sixty-minute hours

per week for the regularly established annual school term "

(School Law, 1921, pp. 300-301.)

Special Classes for Instruction in English.

Persons over 18 and under 21 who cannot speak, read, or write the

English language to a degree of proficiency equal to that required for the

16 Private Schools and State Laws

completion of the 6th grade of the elementary schools of the state, and

who are not in attendance upon a public or private full-time or part-time

school, shall, for at least four sixty-minute hours per week, attend a special

class maintained for persons who cannot read, speak, or write the English

language. (School Law, 1921, pp. 301-302.)

Truancy.

(School Law, 1921, pp. 168-187.)

Child Labor.

(School Law, 1921, pp. 189-194.)

Private Schools Conducted in a Foreign Language.

“No person shall conduct or teach in a private school, conducted

wholly or in part in a language of a foreign nation in this state unless and

until he shall have first applied to and obtained a permit so to do from

the superintendent of public instruction or deputy appointed by the

superintendent for such purposes. This shall also be construed to include

persons exercising or performing administrative powers in any such school.”

Such permit shall be issued to persons having knowledge of American

weet A and institutions, and knowing how to read, write and speak

nglish.

Applicants must file affidavit to observe this law and to endeavor to

make pupils loyal citizens.

Such private schools shall not be in session during hours of public

schools, nor more than one hour each day, six hours each week, thirty-

eight weeks each year.

Such private schools may be inspected by the superintendent of

public instruction. (School Law, 1921, pp. 71-73.)

COLORADO

Exemption from Taxation.

“Lots, with the buildings thereon, if said buildings are used solely

and exclusively for religious worship, for schools, or for strictly charitable

purposes, also cemeteries not used or held for private or corporate profit,

shall be exempt from taxation, unless otherwise provided by general

law.” (Constitution, Art. X, Sec. 5.)

No Appropriation for Sectarian Purposes.

“Neither the general assembly, nor any county, city, town, township,

school district, or other public corporation shall ever make any appropria-

tion, or pay from any public fund or moneys whatever, anything in aid of

any church or sectarian society, or for any sectarian purpose, or to help

support or sustain any school, academy, seminary, college, university, or

other literary or scientific institution controlled by any church or sec-

tarian denomination whatsoever; nor shall any grant or donation of land,

money, or other personal property ever be made by the State, or any such

public corporation to any church or for any sectarian purpose.’ (Consti-

tution, Art. IX, Sec. 7.)

—_—

Colorado oa ‘ z 7

Compulsory Education.

“That in all school districts of this state, all parents, guardians and

other persons having care of children shall instruct them, or cause them

to be instructed, in reading, writing, spelling, English grammar, geography

and arithmetic. In such districts, every parent, guardian or other person

having charge of any child between the ages of eight and sixteen years,

shall send such child to a public, private or parochial school for the entire

school year during which the public schools are in session in such districts;

Provided, however, That this act shall not apply to children over fou -teen

years of age where such child shall have completed the eighth grade, or

may be eligible to enter any high school in such district, or where its help

is necessary for its own or its parent’s support, or where for good cause

shown it would be for the best interests of such child to be relieved from

the provisions of this act; Provided, further, That if such child is being

sufficiently instructed at home by a person qualified, such child shall

not be subject to the provisions of this act; . . . .” (School Laws,

1917, p. 40.)

“All minors over the age of 14 years and under the age of 16 years

who cannot read and write the English language, shall attend school at

least one-half day of each day, or attend a public night school, or take

regular private instruction from some person qualified, in the opinion of

the county superintendent of schools, in which such district or the greater

portion of the same lies, until such minor obtains a certificate from such

superintendent that he or she can read at sight and write legibly, simple

sentences in English. (School Laws, 1917, p. 41.)

Instruction in Private Schools.

“The compulsory school law requires that children between the ages

of eight and sixteen, attending a private school, should receive such instruc-

tion as would be an equivalent to that given in the public schools. It is

the duty of the truant officer to investigate such cases and require what-

ever statements may be necessary concerning the work.” (Decisions,

School Laws, 1917, Appendix, No. 73.)

Use of English.

“Instruction in the common branches of study in the public elemen-

tary schools of this state shall be conducted thre #h the medium of the

English language only, nor shall any other than tue English language be

taught as a separate and distinct branch of itself.

_ “During the time that the public schools of the district in which he

is a resident are in session, no child of school age who has not completed

the eighth grade shall be permitted to attend any school where the com-

mon branches are not taught in the English language.” (Educational

Laws, 1919, p. 31.)

Truancy.

(School Laws, 1917, pp. 42-45, 172-175.)

Delinquency.

(School Laws, 1917, pp. 37-39.)

18 Private Schools and State Laws

Child Labor.

(School Laws, 1917, pp. 26-37.)

hy ‘ '

before enteri upon, or continuing, the discharge of his or her duties, be

i tion of allegiance as that pre-

_ 1921, Chapter 213.)

_—

Connecticut 19

con: a child over seven and under sixteen years of

age shall such child to attend a public day school regularly during the

hours and terms the public school in the district wherein such child resides

is i while the school is in session where provision for the in-

struction of such child is made according to law, unless the parent or per-

son having control of such child can show that the child is elsewhere

iving regularly thorough instruction during said hours and terms in

the otudies taught in the public schools." (School Code, 1922, p. 12.)

Registers and Reports.

and other persons having control of children to cause them to attend school,

unless the teachers or persons, having control of such school shall keep a

board of education for the public schools, which register shall at all

times during school hours be open to the inspection of the secretary and

agents of the state board of education, and shall make such reports and

ing the public schools, that no report concerning expenses shall be

required. The secretary of the state board of education shall furnish

to the teachers or persons having charge of any school, on their request,

such registers and blanks for returns as may be necessary for compliance

with the provisions of this section." (School Code, 1922, pp. 14-15.)

Part-Time School.

Truancy.

(School Code, 1922, pp. 15-17.)

Child Labor.

(School Code,1922, pp. 139-144.)

Instruction in Citizenship.

“The duties of citizenship, including the knowledge of the form of

national, state and local government, shall be taught in all elementary

20 Private Schools and State Laws

schools, both public and private, as a regular branch of study to pupils

above the fourth grade. The provisions of this sect‘n shall apply to

classes in ungraded schools corresponding to the grades designated herein.

Normal schools and teachers’ training schools shall give instruction in

said subjects and concerning methods of teaching the same. The State

Board of Education shall prepare and distribute to every school an outline

of questions and suggestions relating to said subjects, and said outline

may be used in such schools.” (Session Laws, 1923, Chapter 148.)

Use of English in Schools.

“The medium of instruction and administration in all public and

private elementary schools in this state shall be the English language and

not more than one hour in any school day may be given to instruction

in any one language other than English. A person who shall violate

any provision of this act shall be fined not less than fifty dollars nor more

than five hundred dollars or imprisoned not more than six months or

both.” (Session Laws, 1923, Chapter 166.)

Approval of Incorporated Academies.

“The State Board of Education may examine any incorporated or

endowed high school or academy in this state, and if it appears that said

school or academy has a satisfactory high school course of study and

sufficient equipment for high school instruction, said board shall approve

said school or academy under the provisions of this chapter, and any

town in which a high school is not maintained shall pay the whole or a

a part of the tuition fee of scholars attending such school or academy,

and such town shall be reimbursed therefor by the state under the terms

and conditions of this chapter.” (School Code, 1922, p. 80.)

Teachers of Incorporated Secondary Schools May be Included in

Retirement System.

“Any incorporated secondary school not under the orders and superin-

tendence of a duly elected school committee or board of education, but

located in a town not maintaining a high school and providing free tuition

to pupils of the town in which it is located, and which shall have been

approved by the State Board of Education under the provisions of Chap-

ter 54 of the general statutes, may upon application of its board of trustees

be considered a ‘public school’ and included in the retirement system for

rn at the discretion of the retirement board.’’ (School Code, 1922,

p. 97.

Use of Public Schoolhouse. ;

“Any school district or town may, by a vote of two-thirds of those

present at any legal meeting, allow its schoolhouse or schoolhouses, when

not in use for school purposes, to be used for any other purpose.” (School

Code, 1922, p. 55.)

—

Delaware

DELAWARE

No Appropriation for Sectarian Purposes; Exemption from Taxation

“No portion of any fund now existing, or which may hereafter be

appropriated, or raised by tax, for educational purposes, shall be appro-

priated to, or used by, or in aid of any sectarian, church or denominational

school; provided, that all real or personal property used for school pur-

poses, where the tuition is free, shall be exempt from taxation and assess-

ment for public purposes.” (Constitution, Art. X, Sec. 3.)

School Attendance.

“All the white public schools of the state shall be free to all the white

children of school age, resident in the state; and all the colored public

schools of the state shall be free to all the colored children of school age,

resident of the state.

“Every parent, guardian or other person in this state having control

of a child between the ages of seven and fourteen is required to and shall

send such child to a free public school each day of the minimum school

year of one hundred and sixty days. Every such parent, guardian or other

person having control of a child fourteen years of age or fifteen years of

age, or sixteen years of age, who has not completed the work of the eighth

— of the free public schools of the School District or Special School

istrict in which the child resides, is required to and shall send such child

to a free public school in such District not less than one hundred days,

as nearly consecutive as possible, beginning not later than November

first of the school year; unless it can be shown, and witnessed by written

endorsement, to the satisfaction of the Superintendent of Schools of a

Special School District, or in the case of School Districts, to the satisfaction

of an official designated by the State Board of Education, and by a written

examination, that such child is elsewhere receiving regular and thorough

instruction during said minimum school year as above provided in the

subjects prescribed for the elementary schools of the state, in a manner

suitable to children of the same age and stage of advancement. Provided

that the written certificate of a principal, teacher or Board of Trustees,

or other person or persons in charge of a private school shall be satisfac.

tory evidence to the Superintendent of a Special School District, and in the

case of School Districts, shall be satisfactory evidence to the said official

designated by the State Board of Education that such child is receiving

and thorough instruction required under this section.” (School

Code, 1921, pp. 62-64.)

Use of English.

“All elementary school subjects shall be taught in the English lan-

guage in all schools in the state.” (School Code, 1921, p. 13.)

Teacher Training.

“No individual, public or private educational association, corporation

or institution shall offer a course or courses for the training of public

school teachers without having first procured the assent a the State

mare of — to such teacher training course." (School Code,

1, p. 14.

22 Private Schools and State Laws

Private Schools Must Report.

“All persons conducting private schools, and all private educational

associations, corporations, or institutions shall report to the State Board

of Education annually, on or before the thirty-first day of July, as to

enrollment, age of pupils and attendance. Such persons shall also submit

a monthly report on iurm provided by the State Board of Education to

the State Board of Education; giving the name of each pupil enrolled, the

date of enrollment, total days of attendance to date, and the number of

days in attendance during the month for which the particular report is

“Private teachers and the principal or head teacher of private schools

or educational institutions shall out and sign such records as are

required by the laws ting child labor as provided by Article III of

Chapter Ninety of the ised Code.” (School Code, 1921, pp. 85-86.)

Instruction in the Constitution.

“In all public and private schools located within the State of Delaware,

cumaqnenng ome Co shed veer suxt coneng wees ee eC anaitution

Act, there be given courses of instruction in the Constitution

of the United States and Constitution of the State of Delaware.

“Such instruction in the Constitution of the United States and the

Constitution of the State of Delaware shall begin not later than the opening

of the Eighth Grade, and shall continue in the High School course and in

courses of state and municipal institutions to an extent to be determined

by the State Board of Education.” (Session Laws, 1923, Chapter 183.)

FLORIDA

Exemption from Taxation.

“The property of all corporations, . . . . shall be subject to

taxation unless such property be held and used exclusively for religious,

scientific, municipal, educational, literary or charitable purposes.”

(Constitution, Art. XVI, Sec. 16.)

No Appropriation for Sectarian Purposes.

“No law shall be enacted authorizing the diversion or the lending of

any County or District School Funds, or the appropriation of any part of

the permanent or available school fund to any other than school purposes;

nor shall the same, or any part thereof, be appropriated to or used for

the support of any sectarian school." (Constitution, Art. XII, Sec. 13.)

Compulsory Attendance.

“From and after July Ist, 1919, every t, guardian or other per-

son having citizenship within the State of Florida having the custody,

control or charge of any child or children within the State of Florida be-

tween the ages of seven and sixteen years, both inclusive, shall cause said

child or children to attend a public or private school each year for a term

or period of not less than substantially the number of days the public or

private school which said child attends is held annually in the district

—

Georgia 23

in which the school is located or in which such child or children may reside;

Provided, that any child may be taught by parent or guardian upon written

authority from the County Superintendent of Public Instruction.” (School

Code, 1921, p. 99.)

Record of Attendance.

“Whenever, under the provisions of this Act, any child shall receive

instruction privately or in any priyate school, the private teacher, prin-

cipal or teacher in charge of such private school shall keep a record of the

attendance of such child or children and the County Superintendent in

checking his lists of attendance may call on the private school principal

to verify a child’s attendance.” (School Code, 1921, p. 101.)

Medical Inspection.

“All school children shall be examined as to their physical condition

at least once during each school year.” (School Code, 1921, p. 93.)

Inspection of Private Institutions.

“The Governor of this State, upon the recommendation of the Board

of County Commissioners, shall appoint a commission in each county, to

consist of six members, three of whom shall be women and three shall be

men, to inspect all public and private charitable institutions within the

county, including hospitals, sanatoriums, public and private schools,

high schools and colleges, alms houses, houses of the Good Shepherd,

detention, and reformatory institutions, nunneries, convents, asylums,

seminaries and other institutions maintained by religious or educational

institutions.

“It shall be the duty of the commission to visit each institution men-

tioned in the foregoing section situated within the county, once each year,

or oftener, if the commission deem it necessary for the purpose of ascer-

taining the treatment of the inmates of said institutions and the general

conditions of said institutions, and report their findings to the Governor

and the county commissioners of the county: Provided, The visits pf

the said commission shall not be made known or announced beforehand.”

(School Code, 1921, p. 92.)

GEORGIA

Exemption from Taxation.

“The General Assembly may, by law, exempt from taxationall . . .

places of religious worship or burial; all institutions of purely public charity;

all buildings erected for and used as a college, incorporated academy, or

other seminary of learning; . . . . Provided, the property so ex-

empted be not used for purposes of private or corporate profit or income.”

(Constitution, Art. VII, Sec. 2 No. 2.)

No Public Funds for Sectarian Purposes.

_ _.. “No money shall ever be taken from the public treasury, directly or

indirectly, in aid of any church, sect, or denomination of religionists, or

of any sectarian institution.” (Constitution, Art. I, Sec. 1, No. 14.)

ape ——

24 Private Schools and State Laws

Compulsory Attendance.

“Every parent, guardian or other person having charge and control

of a child between the ages of eight and fourteen years, who is not ex-

empted or excused as hereinafter provided, shall cause said child to be

enrolled in and to attend continuously for six months of each year a public

school of the district or of city or town in which the child resides; which

period of attendance shall commence at the beginning of the first term of

said school in the year. Such attendance at a public school shall not be

ired where the child attends for the same period some other school

giving instruction in the ordinary branches of English education, or has

completed the seventh grade of school work as prescribed by the State

Board of Education, or where, for good reasons, the sufficiency of which

shall be determined by the Board of Education of the county or of the

city or town in which the child resides, the said board excuses temporarily

the child from such attendance . . . .” (School Code, 1920, p. 59.)

IDAHO

No Appropriation for Sectarian Purposes.

“Neither the legislature nor any county, city, town, township, school

district or other public corporation, shall ever make any appropriation

or pay from any public fund or moneys whatever, anything in aid of any

church or sectarian, or religious society, or for any sectarian or rel'gious

purpose, or to help support or sustain any school, academy, seminary,

college, university or other literary or scientific institution, controlled by

any church, sectarian or religious denomination whatsoever; nor shall any

grant or donation of land, money or other personal property ever be made

by the state or any such public corporation, to any church or for any sec-

tarian or religious purpose.” (Constitution, Art. IX, Sec. 5.)

Compulsory Attendance.

“In all districts of this state all parents, guardians and other persons

having care of children shall instruct them or cause them to be instructed

in reading, writing, spelling, English grammar, geography and arithmetic.

In such districts every parent, guardian or other person having charge of

any child between the ages of 8 and 18 years, shall send such child to a

public, private or parochial school for the entire year during which the

public schools are in session in such district; Provided, however, that this

article shall not apply to children over 15 years of age where such child

shall have completed the eighth grade.” (School Code, 1921, p. 40.)

Use of English in Schools.

“Tt shall be unlawful for any school superintendent, school principal,

teacher, instructor, trustee, school board or school department to teach

or cause to be taught in the grade schools and high schools, or in any

school teaching similar branches in the State of Idaho, any subject in

any language other than the English language: Provided, further, That

the provisions of this article shall not apply to instructions in any par-

ticular language for the purpose of teaching said language, nor to the use

of foreign words and phrases in designating scientific terms.’ (School

Code, 1921, p. 96.)

Illinots 25

Delinquency.

(School Code, 1921, pp. 102-108.)

Supervision of Institutions Receiving Delinquent Children.

“All institutions or associations, other than state institutions, re-

ceiving children under this article (Delinquency), shall be subject to the

same visitation, inspection and supervision as are public charitable in-

stitut

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