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
*375.* _Commissioner, School, Rations, Bible, Sectarian._—Another officer
of great importance is the Commissioner of Indian Affairs, who has most to
do with the education and schools of the Indians.(665) He may require
parents and guardians to send children to school and withhold rations from
them for failure so to do. Also, there is a fund under the control of the
United States as trustee, with which he may make contracts for the
education of Indian children at private schools.(666) However, the
jurisdiction of the commissioner over Indian children does not extend to
those off the reservation.(667) Among other provisions of the United
States statutes is the following: “The Christian Bible may be taught in
the native language of the Indians if in the judgment of the persons in
charge of the school it may be deemed conducive to the moral welfare and
instruction of the pupils in such schools.”(668) The Bible continues its
position among the Indians, but appropriations for the Church are cut off
by the following provision: “It is hereby declared to be the settled
policy of the government to hereafter make no appropriations whatever for
education in any sectarian school.”(669)
CHAPTER XXX. JUVENILE COURTS
*376.* _Reformatories, Object, Liberty._—During the past few years
juvenile courts have been created for the purpose of committing children
to reformatories. The proceedings are not criminal actions, but of an
equitable nature.(670) However, as the object is to deprive the child of
its liberty, the statute must be strictly construed and followed.(671) An
infant can not waive a right.(672) If a child has been wrongfully
committed or is wrongfully detained, the proper remedy for his discharge
is a writ of _habeas corpus_.(673)
CHAPTER XXXI. LIBEL AND SLANDER
*377.* _Confidential, Tribunal, Malice._—The rule is that all confidential
statements made to an officer or a tribunal of the church concerning a
member in the course of church discipline and for the good of the church,
if not made with malice, are privileged, and no action for libel or
slander can be maintained therefor.(674)
*378.* _Member, Officer, Councils._—But slanderous or libelous statements
made concerning a person not a member of the church or made concerning a
member of the church to another member who is not either an officer or in
the councils of the church, are actionable and the person making or
publishing such statements is liable for damages. Also, a person who
repeats a libel or slander may be liable as though he were the
originator.(675)
*379.* _Official Communication, Privileged._—An official communication
between authorities of the church or an authority and a member of the
church concerning a church matter or church members and not made in
malice, is privileged.(676)
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