The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*49.* _Religious Liberty, Bible, Religious Garb, Wages._—The authorities
are not uniform as to what constitutes a violation of religious liberty.
The question of whether the reading of the Bible in the public schools is
a violation of the constitution, is an open one in some States and in
others the courts have passed upon it, some holding that it is a violation
of the constitution,(80) and some holding that it is not.(81) The weight
of authority seems to permit the reading of the “King James” Bible,(82)
and where portions only are read, as in “reading books” prepared for
school work, or where the children are not obliged to be present during
the exercises, the cases seem to be unanimous that it is not a violation
of the constitution.(83) In Pennsylvania the court held that while Sisters
in their religious garb might be teachers in the public schools, they
could not give instruction in the Catholic religion at the schoolhouse
before or after school hours, or at any other time use the school building
for religious purposes. Also, in Wisconsin the court decided that while a
portion of a parochial school building might be leased for public school
purposes and the Sisters be employed therein as teachers, religious
exercises and instructions could not be given in such leased premises.(84)
In New York it was held not only that Sisters could not wear their
religious garb or pray in school, but that they could not collect wages
for teaching.(85)
CHAPTER IV. STATUTORY LAW
*50.* _Wisconsin, Mississippi, New York._—The statutory law of the
different States of the Union is so varied and the laws of one State are
of so little interest to the people of another that it would be almost
useless and beyond the boundaries of this work to give the substance of
the various statutes. In some States there is a limitation upon the real
estate that a church or charitable organization may hold, and in other
States there is no limitation whatever. Wisconsin, perhaps, occupies the
extreme of greatest liberality, by not only allowing full freedom in
everything relating to religion and charity, but it further excepts from
the limitation all rights of alienation of real estate granted or devised
to a charitable association or to literary or charitable corporations
organized under the law of the State. The State of Mississippi probably
stands at the other extreme both in the narrowness of its constitution and
statutory law, and prohibits any devise or bequest of any personal
property or real estate in favor of any religious or ecclesiastical
corporation or any religious or ecclesiastical society. Neither does it
exempt a clergyman, physician, or lawyer, from examination as a witness
concerning information that he obtained in the performance of his
functions or duties as such. Its judges, however, are more liberal than
its legislators, and I know of no instance in which a clergyman,
physician, or lawyer, as a witness, was sent to jail for contempt of court
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