Law Commons^™

State Transportation Of Students To Parochial Schools--The Everson Case, John J. Hopkins

Kentucky Law Journal

No abstract provided.

Constitutional Law--Use Of State Funds For Transportation Of Children To Parochial Schools, John G. Prather

Kentucky Law Journal

No abstract provided.

Church, The State, And Mrs. Mccollum, Clarence Emmett Manion

Journal Articles

On March 8, 1948 the Supreme Court of the United States decided in substance that this language prohibits the tax-supported city school systems of the State of Illinois from assisting and encouraging general religious instruction. Just how a constitutional restriction against specified congressional action can possibly impede the activity of a local Illinois school board is an inglorious mystery of modern constitutional construction.

In one way or another however, and for one reason or many, the Court decided eight to one that when the First Amendment says "Congress" it means, among other things, a local school board and when it …

Have We Lost The Ball?, Clarence Emmett Manion

Journal Articles

Americans are devoted to a wide variety of ball games. In every season of the year millions of us are continually congregating to observe the swift, skillfully directed flight of baseballs, footballs, basket balls and golf balls. In all of these contests and exhibitions the existence, nature and condition of the involved ball 'has become a remote secondary consideration. The ball is taken for granted. We are concerned exclusively with the skill and coordination of the players and their intelligent observance of the rules. Nevertheless, in all of these games it must be admitted that "the ball" is the thing …

Judgments--Criteria Of Finality Of State Court Decrees For The Purpose Of Federal Review, John M. Veale S.Ed.

Michigan Law Review

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of …

Constitutional Law-Establishment Of Religion, Due Process, And Equal Protection-Public Aid To Parochial Schools, P. F. Westbrook, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the validity of conclusions reached on the facts of the Everson case. But what was said in the majority opinion and in the two dissenting opinions in the Everson case may also forecast developments in the future. Consequently, there will be occasion to comment upon the broader implications of the decision. First, however, it will be helpful to trace the development of the case law dealing with state and federal constitutional provisions bearing on public aid to parochial schools.

Criminal Law-Prosecution Of Mormon "Fundamentalists'' Under The Mann Act-Doctrine Of Caminetti V. United States, John A. Huston S.Ed.

Michigan Law Review

Petitioners, Mormon "Fundamentalists," transported one or more plural wives in interstate commerce. They were convicted in the district court on the authority of Caminetti v. United States for violation of the Mann Act which prohibits the transportation of women or girls in commerce "for the purpose of prostitution or debauchery, or for any other immoral purpose." The circuit court affirmed and the United States Supreme Court granted certiorari. Held, affirmed. The phrase "or for any other immoral purpose" was properly interpreted in Caminetti v. United States to extend the prohibition of the act to cases where the ·transportation was …

Sunday Laws-Illegality Of Sunday Contracts, Robert O. Hancox S.Ed.

Michigan Law Review

The concept of the Sabbath, the setting apart of one day in seven as a day of rest, was derived from the Mosaic code, the Fourth Commandment directs abstention from labor on the seventh day of the week, and although there is nothing in the New Testament relating to Sunday, the Christian world adopted the first day of the week as a day of rest. Constantine, by an edict in 321 A.D., ordered the suspension on Sunday of all business in the courts of law, except the manumission of slaves, and all other- business except agricultural labor.

Excusing Of Public School Pupils For Religious Instruction, Thomas F. Broden

Journal Articles

The separation of Church and State, according to the precepts of the American form of constitutional government, imposes no duty on the public school system to erect a barrier of hostility and antagonism against religion or the churches. Accordingly, a regulation of the Board of Education excusing the weekly absences of pupils for the purpose of receiving religious instruction does not, it was held in People ex rel. Latimer et al. v. Board of Education of City of Chicago, do violence to the compulsory attendance law and is a reasonable rule for the practical administration of the public schools.

Naturalization-Statutory Construction, George Brody S.Ed.

Michigan Law Review

Appellee, a native of Canada, filed his petition for naturalization. In his application he stated that he understood the principles of the government of the United States and was willing to take the prescribed oath of allegiance to this country. To the question in the application "If necessary are you willing to take up arms in defense of this country?" he replied, "No, (non-combatant) Seventh Day Adventist." He explained this answer before the examiner by saying, "It is a purely religious matter with me, I have no political or personal reasons. other than that." The district court admitted him to …

The Scope Of Constitutional Guaranties Of Religious Freedom

Washington and Lee Law Review

No abstract provided.

Constitutional Law-Freedom Of Speech And Religion-What Constitutes State Action, George Brody S.Ed.

Michigan Law Review

Appellant, a Jehovah Witness, attempted to distribute religious literature in Chickasaw, a town in Alabama, owned by the Gulf Shipbuilding Corporation. Appellant was told by the corporate authorities that the town was private property and that she would not be permitted to distribute her literature. She was also asked to leave and when she refused to do so was arrested and prosecuted under an Alabama trespass statute. In her defense, appellant contended that to apply this statute to her activities in Chickasaw would abridge her right to freedom of press and religion as guaranteed by the Fourteenth Amendment. She was …

Selective Service Act-Proper Procedure For Challenging Validity Of Draft Classification, Thomas L. Dalrymple

Michigan Law Review

Appellant, a Jehovah's Witness, claimed exemption from service under the Selective Training and Service Act of 1940, relying upon that section which exempts from service "Regularly or duly ordained ministers of religion .... " Appellant's local board ruled against his claim and classified him as available for military service (Class I-A). He took his case to the appeal board, where the local board's classification was affirmed. State and National Directors of Selective Service having refused to appeal to the President for him, appellant's local board ordered him to report for induction. He reported at the proper time and place, was …

The Balance Sheet Of Law And Religion, Frank E. Horack Jr.

Articles by Maurer Faculty

No abstract provided.

Constitutional Law - Freedom Of Religion - Compulsory Flag Salute, Michigan Law Review

Michigan Law Review

The state of West Virginia enacted an amendment to its statutes in 1941 requiring all schools to conduct courses in history and civics for the purpose of fostering "the ideals, principles and spirit of Americanism," and pursuant thereto the Board of Education adopted a resolution ordering that the flag salute and declaration of allegiance should be a regular part of the program of activities in the public schools. Expulsion from school was provided for nonconformity- and until compliance the child was considered unlawfully absent from school and the parents were liable to fine and imprisonment for causing child delinquency. Appellees …

Constitutional Law-Right To Impose A License Tax Upon Dissemination Of Religious Literature - Jones V. Opelika Reversed, Michigan Law Review

Michigan Law Review

Petitioners were members of the religious sect "Jehovah's Witnesses," who "sold" and/ or donated religious tracts and literature, and in connection therewith used phonographs and records, in their door to door activities to spread their religious beliefs. They failed to obtain a license for the privilege of canvassing and soliciting, as required of all persons by an ordinance of the city of Jeannette, Pennsylvania, and were convicted and fined for violation thereof. Petitions for leave to appeal to the Supreme Court of Pennsylvania were denied; the case came before the United States Supreme Court on petition for writ of certiorari. …

Another Jehovah's Witness Case

Indiana Law Journal

Notes and Comments: Constitutional Law

Religious Persecutions Under Guise Of Law

Indiana Law Journal

Notes and Comments: Civil Liberties

Aliens - Naturalization - Refusal To Bear Arms, David N. Mills

Michigan Law Review

In applying for citizenship, petitioner, a licensed missionary in the denomination of Seventh Day Adventists, was unwilling to promise to bear arms, on the ground that she was a noncombatant. Petitioner was not a pacifist or conscientious objector and would gladly do any war work in an army camp except that involving the use of a weapon. Held, that application for naturalization must be denied for failure to take the oath of allegiance in the form prescribed by law. The court expressed its desire to grant citizenship, but declared itself bound by stare decisis. In re Losey, (D. …

Religion And American Law, Clarence Emmett Manion

Journal Articles

This article discusses the relationship of law and religion in American culture. It constructs a theory of "American Faith", a theory that underlies all of American jurisprudence. This theory includes the propositions that there is a God, that all men are equal in God's sight even if not in front of mortal men, and that the American Revolution was a "revolution of believers." It concludes that religious liberty is our one and only true freedom and by holding onto it we can support human rights and freedom.

Religion And Religious Institutions - Title To Church Property In Event Of A Schism Within A Church, Michigan Law Review

Michigan Law Review

In 1839 property was granted to the "Trustees of the Church of Christ of Little Grove and their successors in office . . . unto the only proper use and behoof of the Church of Christ at Little Grove during a succession of trustees." A dispute arose within the congregation, causing a schism, and both the plaintiffs and the defendants claimed that they were the successors to the original trustees and that they had carried on the tenets and doctrines of the Church of Christ. The evidence showed that the defendants had been elected trustees at an open meeting presided …

Constitutional Law - Due Process - Freedom Of Religion And Conscience - Compulsory Flag Salute, William F. Andersen

Michigan Law Review

The minor plaintiffs, aged twelve and thirteen, had been excluded from the public school because of repeated refusal to salute the national flag and recite the pledge of allegiance in accordance with an authorized order of the school board. They sought an injunction in the federal district court against such prohibition, alleging that the order violated the Fourteenth Amendment as an infringement on the free exercise of religion in that their beliefs forbade the revering of anything but God. The injunction was granted and the decree was affirmed by the circuit court of appeals. A writ of certiorari was granted …

Schools - Private Parochial Schools - Transportation Of Pupils - Use Of Public Funds, Dan K. Cook

Michigan Law Review

A New York statute provided for the public transportation of school children to public and private schools. Plaintiff instituted a taxpayer's action to enjoin defendant board of education from furnishing transportation, in compliance with the statute, to children attending a parochial school. Plaintiff contended the statute was unconstitutional by reason of a provision of the New York constitution which forbade public aid or maintenance of denominational schools. Held, that the statute was valid, and plaintiff's prayer was denied. Judd v. Board of Education, 164 Misc. 889, 300 N. Y. S. 1037 (1937), affd. (App. Div. 1938) 3 N. …

Constitutional Law - Religious Freedom - Compulsory Salute And Pledge Of Allegiance To Flag By School Children -Validity, Dan K. Cook

Michigan Law Review

A Massachusetts statute imposed a duty upon each public school teacher to lead his pupils, at least once each week, in a salute and pledge of allegiance to the flag. Petitioner was in his third year as a pupil in the public schools, and, in obedience to his father's commands, refused to participate in the salute and pledge. For such refusal, the school committee expelled the petitioner from the school, and he thereupon submitted a petition for a writ of mandamus, to compel his readmission to the school. Held, that the writ be denied, inasmuch as the statute did …

Constitutional Law-Religion In The Public School

Michigan Law Review

Plaintiff sued as a taxpayer to enjoin defendant from permitting the use of school buildings by organizations of pupils based on religious affiliations and from directing the reading of excerpts from the Bible in the public schools. Plaintiff contended that in so far as the Greater New York Charter impliedly authorized the use of the Bible for such purposes, it was unconstitutional. Held, the action of the school board was proper, and injunction denied. Lewis v. Board of Education of City of New York, (N. Y. Sup. Ct. 1935) 285 N. Y. S. 164.

God In The Constitution, Robert T. Donley

West Virginia Law Review

No abstract provided.

Aliens-Naturalization-The Promise To Bear Arms, John S. Tennant

Michigan Law Review

In two recent cases, the Supreme Court has held that citizenship must be denied an applicant who is unwilling to promise unreservedly to bear arms in defense of the United States. One applicant, Douglas Clyde Macintosh, a Professor of Divinity in Yale University, who served for four years in France during the World War, stated that due to religious convictions he was unable to promise beforehand to fight unless, in his own opinion, the war was morally justifiable and in the best interests of humanity. The other, Marie Averil Bland, a minister's daughter who served as a nurse in the …

Determinable Fees, Effect Of Failure In Deed To Provide For Forfeiture Or Reversion, Joseph O'Meara

Journal Articles

The case of In re Matter of Copps Chapel Methodist Episcopal Church appears to establish that there is no longer any such thing as a determinable interest in land in Ohio. There would seem to be no escape from this unless the court should be prepared to overrule itself.

Trusts--Charitable Trusts Of A Religious Nature In West Virginia, William Thomas O'Farrell

West Virginia Law Review

No abstract provided.

The Corporation Sole

Michigan Law Review

In the recent case of Reid v. Barry, the Florida court stirred among the bones of common law relics to invoke the aid of the corporation sole doctrine, coming to the conclusion that the Roman Catholic Bishop of St. Augustine was a sole corporation, capable of holding property by succession. The ancient learning on this anomalous but useful corporate entity is to be found in Blackstone, Coke, and Grant ; the few reported cases that have appeared since the days of these commentators have in general confirmed what they said. Maitland in delving into its history said; "An ecclesiastical …