The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
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
*344.* _Orphan Asylums, School Moneys._—In 1850 the New York Legislature
enacted a law as follows: “The schools of the several incorporated orphan
asylums within the State other than those in the city of New York, shall
participate in the distribution of the school moneys in the same manner
and to the same extent in proportion to the number of children educated
therein, as the common schools in their respective cities and districts.”
The court ruled that moneys devoted by the constitution to the State for
the support of common schools could not be distributed under the act, for
the reason that such asylums are not public schools; but moneys from other
sources might be paid for the education of such orphan children in
proportion to their number to those educated in the common schools of
their respective cities and districts.(612) The schools kept by the Roman
Catholic Orphan Asylum Society of the city of Brooklyn, are not common
schools within the meaning of the constitution, and a provision of law
that such schools should share in the distribution of school moneys raised
by the State was void.(613)
*345.* _Contract, Direct Payment, Lease._—No school of any denomination or
sect is entitled to public moneys for its support, either by contract for
the education of students therein or by direct payment from the
government.(614) A school conducted by the Catholic Church in which
religious instruction is given to Catholic children is a sectarian
institution within the constitutional provision against using public funds
for sectarian purposes; but public school money expended for such a school
conducted by this school district could not be recovered by suit against
the school officers.(615) Also, a school maintained as a charity under
direction of trustees elected by the town where they must be of a certain
religion, is not entitled to public moneys.(616) But the lease of a part
of a parochial school building or the basement of a church for public
school purposed does not violate the law.(617) In the States of Maine,
Iowa, Massachusetts, Illinois, Ohio, Kansas, and Texas, the reading of the
King James Bible and the singing of hymns and saying prayers have been
held not sectarian.(618) But in Wisconsin, the court ruled the other
way.(619)
*346.* _Teacher, Lord’s Prayer, Exercise._—“A public school teacher, who,
for the purpose of quieting the pupils and preparing them for their
regular studies, repeats the Lord’s Prayer and the Twenty-second Psalm as
a morning exercise, without comment or remark, in which none of the pupils
are required to participate, is not conducting a form of religious worship
or giving sectarian or religious instruction.”(620) Substantially the same
rule applies in Pennsylvania.(621) However, similar religious exercises
conducted by Catholic teachers have generally been held sectarian and not
permissible in public schools.(622)
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