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About Eugene register-guard. (Eugene, Or.) 1930-1983 | View Entire Issue (Jan. 30, 1963)
EUGENE REGISTER-GUARD, Wed., Jan. 30, 1963 Page 1A-k Fined Father 'Feels No Moral Guilt' By PETE DOWNS 01 the Recister-Guard ROSEBURG (Special) "Even though they found me guilty, I don't feel any moral guilt." Minutes before, a 12-member jury had found Willis Booher, a Curtain millworker, guilty of violating the state compulsory achool attendance law. Booher has refused to send his 14-year-old son, Loren, to Drain High School for religious reasons. Booher, who held a brown, cloth-covered Bible during the Tuesday trial here in Douglas County Circuit Court, said, "I still feel that my position is not understood." Booher was fined $25 by Judge Charles Woodrich and paid the fine immediately. He said after the day-long trial that he s un decided about an appeal to a higher court. "I'm going to give it some consideration in the next few days," he explained. The circuit court trial result' ed from an appeal on a Drain Justice of Peace Court verdict which found Booher guilty in November of the same charge. Asked by a reporter if he now plans to enroll Loren in school. Booher said he may con fer with school authorities and attempt some compromise which will be satisfactory to all par ties. Defense attorney Keith Skel ton of Eugene said in answer to a reporter's question that he mav be interested in approach' ing the State Legislature with the idea of changing tne statute governing school attendance. The existing statute permits a school board to excuse a child if it can be shown that a hardship is created. The defense in Tues day's trial contended that the school board had not interpre ted the word "hardship" broadly enough. Two Drain School Board mem bers testified Tuesday that in their judgment the boy's attend ance at school would not cause a hardship to the family. Board member Grant Levins testified that he felt "Booher was sincere in his religious be liefs but I couldn't see any hardship. "I told him as a school board member that any objection he had to our high school moral or otherwise I'd see that it was corrected." Tingle Estate Case Settled Out of Court An nitf.nf.rniirf-. settlement I has ended a dispute over the will left by Dr. Margaret Tingle, a Eugene physician who died in April, 1961, leav ing an estate valued at $349,159. An appeal from the ruling of Lane County Circuit Judge M warH T.oavv was dismissed by a stipulation filed Monday. In the stipulation, ine two rhurches and two colleges which were ruled the bene ficiaries agreed to pay $12,000 to Alice " . Capps, wno naa con tested the will. Mice fanns. through her leeal guardian, gave notice of appeal in November alter juage Lavy issued a ruling following a lenethv court action. Judge Leavy ordered the es tate divided equally between St. Mary's Episcopal Church inH rentral Presbyterian Church, both of Eugene, and two out-of-state colleges. Board chairman Roy Hehn said he "didn't feel religion en tered into the problem." Another exception is nrnviripri in the fitatlltf whiph nprmite n , ... J ... . county school superintendent to excuse a cniio to be taught at nome for one school year if it is shown to be necessary. Douelas Cmmtv Kchnnl Runt Kenneth Barneburg had been re quested last tan Dy Booher to grant an excuse. In Questioning Rarnphiirir dur ing the trial, Skelton asked: Q Why didn t you excuse the child when Mr. Booher asked you to do so? A Necessity has not been shown to me in this case. Q But you're the one who decides if necessity exists. A Yes, it's at my discretion, and I did not feel it was present. Barneburg also said that cor respondence courses taken by individuals to put them through high school are not recognized by the state. The Booher boy has been taking English and mathematics courses from an organization not accredited by the State Board of Education The prosecutor, Deputy Dist. Atty. Thomas O'Dell, questioned both Booher and his wife on their religious reasons for teaching the boy at home. who teaches the boy, explained the course of training. o Whv don't vou want this boy to attend school? A Parents should have the right to raise their own children tha wov thiv want. We wish to teach our children of the world that is to come, not mis world. You can't raise a child afwrHinr in Kpriotures if he's out of your control for eight hours a day. Me wouia oe raisea the way someone else wanted him to be raised. Booher said that. .. . "We think it's more important to bring children up in fear and admonition of the Lord than to learn things of this temporary world." He then cited several refer ences in the Bible to support his stand. 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