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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Aug. 30, 1962)
Controversy Over Religion in Schools Wearing Climax Editor's not: Th follow ing diipalch. th tint oi two by Clair Cox deiling with th controvrty our the separation of church and slate, diicuii Article I of th Bill of Righte. upon which a large new body of litigation focuis. By CLAIRE COX . New York - (IW - The con troversy over religion in the public schools is building to ward a climax in the United States courts. ' Winds of dissent have blown sharply across the land since t h e Supreme Court ruled last June to outlaw an official prayer that has been recited daily in some New York public schools. This was the most heatedly discussed case in recent years. But it was neither the first nor the last in a series of liti gations that have been insti tuted since 1947 under a con stitutional clause written, more than 150 years ago. Still to be settled are a roster of cases involving such issues as the construction of creches on public school property during the Christmas season, the use of publicly owned buses to transport parochial school pupils, the reading of Bible passages in classrooms, released time for religious education and the provision of publicly purchas ed textbooks to parochial schools. Most of these pending cases involve religion in the schools, but also still at issue is a bitter controversy over "Sunday blue laws," namely, whether businesses may op erate on Sundays. Could Fir Controversy Any one of these issues could touch off a controversy such as that ignited by the prayer decision. But church leaders generally feel that the "hottest" subject still lsft to go through the courts is whether it is legal to read the Bible in public schools. All of the matters have been under litigation under a constitutional clause in force aince 1791. At the heart of the matter is a phrase in Article I of the Bill of Rights,, the first ten amendments to the Consti tution. It says, "Congress shall make no law respecting an establishment .of religion or prohibiting the free exer cise thereof." The rest of the 'PEACE FLEET' URGED Washington - WPli - Sen. Alexander Wiley (R-Wis.) has urged the government to set up a "peace fleet" to block Communist- arms shipments to Cuba. Wiley said Wednes day the fleet could b con trolled by the organization of American stales to "patrol the waters nf the Western Hemisphere." article deals with freedom of speech and press, the right to assembly and the right to pe tition the government for a redress of grievances. The second half of the open ing clause, the part guaran teeing the free exercise of re ligion, was settled by the courts in the 1940s, largely as a result of a scries of cases brought by the Jehovah's Wit nesses to establish their right to proselytize door to door, to hand out literature on street corners and to refuse to salute the U.S. flag. Books Being Rewritten The first half, known as "The Establishment Clause." Wheat Farmers Casting Ballots On Market Quotas Washington - IUPII - Wheat farmers vote in 39 states to day to decide whether mar keting quotas will be in effect for the 1963 crop. The Agriculture Depart menl said about a million farmers are eligible to vote in the referendum. Not more than 25 per cent of them are expected to cast ballots. Two-thirds of. those voting must approve quotas if they are to be applied to the 1963 crop. If quotas are approved: -Producers who stay within their acreage allotments may market all the wheat they produce without penalty. -Growers in the commer cial area who stay within their acreage allotments will be eligible for price support on their entire production. The price support rale has been set at a minimum national av erage of $1.82 per bushel. Growers who exceed their acreage allotments will not be eligible for price support and will be subject to marketing q;iota penalties if they have more than 15 acres of wheat for harvest. If quotas are not approved: - Marketing quotas and penalties will not be in effect for the 1963 crop. , -Acreage allotments will j remain in effect and will be ' used to determine eligibility for price support. ' 4 -The price support rate will be at 30 per cent of parity - ; a national average, of about $1.21 per bushel. The .1963 crop- will be grown on a national acreage allotment of 55 million acres, the minimum prcmitted by law. All wheat grown on this national allotment makes up the marketing quota of the entire crop. Marketing quotas have been in effect for the last nine wheat crops. only now is being dealt with. in a series of court cases that are building an entirely new body of jurisprudence. So many cases have been insti tuted in recent years that law books are being written or re written to deal with the ques tion of church and stale, and law schools are offering courses in the law and re ligion. Some students of the subject expect that some day there will be lawyers special izing in religious cases, just as there are labor lawyers. ' The "establishment clause" was defined by the Supreme Court in 1947 in a New jersey school bus case in which the court ruled, 5 to 4, that it was not a violation of the separa tion of church and slate for the state to reimburse parents who had paid for public tran sit bus rides for parochial school pupils. One of the justices who voted with the majority was William O. Douglas, who said in the June prayer ruling that he had made a mistake in 1947 that in retrospect public payment for transportation for paro chial school students should not be allowed. Follow Black Definition He and the other justices who voted with him reached their latest decision under the definition of the establishment, clause written in 1947 by Justice Hugo Black. It provided: "The 'establishment of re ligion' clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a per son to go to or remain away froni church against his will or force him to profess a be lief or disbelief in any re ligion. No person can be pun ished for entertaining or pro fessing religious beliefs or dis beliefs, for church attendance or nonattendance. No tax in any amount, large or small, can be levied to support any religious activities or Institu tions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the federal government can, openly or secretly, participate In the affairs of any religious organizations or groups, and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect a 'wall of separation between church and state'." This ruling has been quoted widely in court cases from Vermont to Oregon, some of which the Supreme Court has declined to consider and some of which are pending. MedfordSITribune SECTION B MEDKORD, OREGON, THURSDAY, AUGUST 30, 1962 PAGES 1 to 8 Goldberg Tells Limit on Gilts Washington -ilPP- Supreme Court Justice-designate Ar thur J. Goldberg declared re cently he would not accept lany gifts more expensive than a 20-pound birthday cake. Goldberg described his in terpretation of ethical conduct for government officials in a speech to the convention of the American Bakery it Con fectionery Workers (AFL CIO). ' The union had sent him an enormous cake to celebrate his 54th birthday last Aug. 8. Goldberg, who wrote or ganized labor's code of ethics, said Sen. Paul Douglas, (D-Ill ). had a rule barring any gifts that cost more than 10 pound ham. That, he said with a smile, did not seem an appropriate rule for a member of the cabi net named Goldberg. So he adopted the birthday cake yardstick. Incidentally, he had the caka frozen and served it at a pic nic for college students hold ing summer jobs at the Labor department. it exists TODAy... "POOJ? WHSTrS TRASH" 2E 3 Quotes From the News BY UNITED PRESS INTERNATIONAL Washington - President Kennedy, warning that 10 to 15 nations may have nuclear weapons soon if no test ban agree ment is reached; "When one goes off, it may mean they all go off." Washington - Supreme Court Justice Felix Frankfurter, 79, in a letter to President Kennedy explaining why he is leaving the bench: "To retain my seat on th basis of a diminished work schedule would not comport with my own philosophy or with the demands of th business of the court, I am thus left with no choice but to regard my period of active service on the court as having run its course." Moscow - Acting United Nations Secretary General Thant, who said Soviet Premier Khrushchev docs not now plan a visit to the General Assembly meeting in New York next month: "It does not exclude the possibility of his attending a session at a later date if the circumstances warrant." MT0WK MUX) 10 ill ,. STRUT For Your Convenience I Savings-Big Double load Wishers LAUNDROMAT . . C I H TH Penney 9g ONCE-AMONTH m sorry! 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