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Show c OREGON SCHOOL LAW ( IS UNCONSTITUTIONAL The United States Supreme Court j held the famous Oregon school law j under which all children in the State j between the ages of eight and six- j teen would have been required to attend at-tend a public school after September. 1926, to be unconstitutional, and it is therefore null and void. The right of parents and gardians to direct the education of their child- ' en is guaranteed under the Consti-ution, Consti-ution, the court declared in an opin- ' 'on by Justice McReynolds, and can-lot can-lot be abridged by legislation which lad no reasonable relation to come ' purpose within the control of the State. Continuing, Judge Reynolds asserted as-serted that , "the fundamental theory of liberty upon which all government in this union repose excludes any general power of the State to standardize stand-ardize its children by forcing them ;o accept instruction- from public .eachers only. The child is not the mere creature of the State; those ;hose who nurture him and direct .lis destiny have the right, -coupled .vith the high duty, to recognize and jrepare him for additional obliga-,ions." obliga-,ions." No question as to the power of tne itate to reasonably regulate all ichools; to inspect, supervise, and ex-.mine ex-.mine them, their teachers and pupils -o require that all children of proper ige attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship citi-zenship must be taught, or that nothing no-thing be taught which is manifestly nimical to the public welfare none f these issues were raised in the Jregon case, the court pointed out. On November 7, 1922, the people jf Oregon adopted the Initative Bill, which, briefly stated, is as follows: That children between the age of 8 ind sixteen must attend a public school unless physically or mentally jnable to do so. Private instruction s permitted to any child who is be-,ng be-,ng taught, for a like period of time, such subjects are are usually taught in the first eight years in the public schools. Written permission to give chis private instruction must be obtained ob-tained from the County Superintend-snt Superintend-snt and such child must report to the County Superintendent, or some person per-son designated by him, at least pnee jvery three months and take an examination ex-amination in the work covered. Failure Fail-ure to comply with the provisions of aw would result in the person being guilty of a misdemeanor, subject to a. fine of from $5 to $100 or imprisonment imprison-ment from two to thirty days. It .vas further provided that each day's failure to send such child to the pub-dc pub-dc school would constitute a separate offense. The bill became a law by a vote of 106,910 to- 92530, a majority in favor of the measure of 14,270. The Society of the Sisters of the Holy Names of Jesus and Mary, one )f the largest Chatolic schools in the State, and Hill Military Academy in Portland, took the lead in protesting he law and the case was eventually appealed to the Supreme Court. Nationwide Na-tionwide attention was focused on he bill and columns of editorial comment, com-ment, both proand con, has appeared in the leading dalies. The appeal was filed in the summer sum-mer of 1924. Arguments were heard in March, 1925, and the decision has been awaited with great interest. |