8 D
THURSDAY. APRIL 4. 1963
MEDFOHD MAIL TRIBUNE. MEDFORD. OREGON
Court Answers on School Prayer Issue Listed Again
(In Baltimore, Md., recent
ly, William J. Murray, III,
a 16-year-old atheist, tried to
obtain a court warrant charg
ing another 16-year-old hec
kled him by waving a rosary
in his face and shouting: "I
believe. I believe." The inci
dent aroused widespread in
terest because the U.S. Su
preme Court will decide soon,
in cases involving young Mur
ray and others, whether Bi
ble reading and the Lord's
Prayer in tax-supported pub
lic schools are permissible un
der the U.S. Constitution. The
issues and highlights of argu
ments heard by the court are
et forth in the follftwing dis
patch.) By
CHARLOTTE G. MOULTON
United Prats International
Washington - (UPB - "When
you prayest, enter Into thy
closet and when thou hast
shut thy door, pray to thy
Father which is in secret
Jesus spoke these words in
the sermon on the Mount
(Matthew 6:60).
Supreme Court Justice
Hugo L. Black referred to
them recently during argu
ments on whether Bible read
ing and the Lord's Prayer are
permissible under the Consti
tution as opening exercises
in public schools.
Passage Eyed
The passage may have spe
cial significance for Ameri
cans trying to think their way
through this emotion - charg
ed issue. As one lawyer put
it, the cases arouse thoughts
"about the nature of man
and his existence here on
earth."
Black wrof thn opinion
which last term struck down
New York's state - composed
school prayer. Judging by the
outburst that greeted this de
cision, almost everybody has
an opinion on the subject and
wants to express it.
The criticism reached such
a pitch that one member of
the court, Justice Tom C.
Clark, took the unusual step
of attempting in a public
speech to quiet things down.
He explained that the deci
sion was a narrow one apply
ing only to a "state-written
prayer circulated by a school
district to state employed
teachers with instruction to
have their pupils recite it in
unison at the beginning of
each school day In state-owned
buildings." '
First Amendment
The first amendment says:
"Congress shall make no law
respecting an establishment
of religion or prohibiting the
They say the provision for
excusing any child who does
not want to take part in the
opening exercise is ample pro
tection for those who do not
approve of it.
The plaintiffs in the Balti
more case Mrs. Madalyn
E. Murray and her 16-year-old
son William, both athlesls
challenged a rule requir
ing reading the Bible andor
recitation of the Lord's
Prayer without comment ev
ery morning. This rule was
set up in 19D5 by the board
of school commissioners.
Contest Law
A Unitarian couple, Mr. and
Mrs. Edward L. Schcmpp,
filed the Pennsylvania case,
contesting a state law which
requires that 10 verses of the
Bible be read without com
ment at the opening of each
school day. The Schempps
have a daughter in Abington,
Pa., high school.
Mrs. Murray and the
Schempps argue that the chal
lenged practices favor the
Christian religion over others
and certain Christian groups
over others.
Besides being an "estab
lishment of religion," they
say, the practices also inter
fere with the guarantee of
free exercise of religion. This,
they contend, is because pub
lic action must be taken by
the children in order to take
advantage of their right not
to attend a religious ccromo
ny. At the same time pros
sure is exerted on them to at
tend. Verbal Battle
The arguments provoked a
verbal free - for - all seldom
equaled in the sedate court
When It was generally
agreed that a few moments
of silence would not be uncon
stitutional, Stewart remarked
to Mrs. Murray's attorney:
State Decision
"Your client could stand
there and think about his dis
belief." The justice made the point
that in America's early days
many states had "established"
religions. He said one view
is that the "establishment"
clause was included in the
first amendment for the ex
press purpose of leaving this
matter entirely up to the
states.
Black came back with the
observation that, while the
majority has a right to free
dom of religion, that right
may not be exercised just any
where. He pointed out that a
group might feel moved to
come into the Supreme Court
and pray while court was in
session but that wouldn't be
allowed.
He suggested that allowing
the majority to select public
school prayers reduces the
Constitution's guarantees to a
kind of local option.
Black Skeptical
"What happens if you win
Black asked a lawyer for
Baltimore City. "If you could
have three minutes of pray
cr, couldn't you have 40? Or
take all your readings from
the sacred book of one reli
gion or sect?
He wondered what would
happen if. some one moved to
substitute the Book of Mor
mon for the Bible in Balti
more.
As for the results of the
program on non-participating
"Arenl you denigrating the
Bible?" he asked. "If the Bi
ble is anything, it is the great
est religious document the
world lias ever had. But you
say you are reading it for
some other reason."
He wondered why the Penn
sylvania law referred t" the
Bible as Ihe "Holy Bible" if
it were not a religious docu
ment. Douglas, a minor partici
pant, jumped into the fray
when a lawyer insisted on the
right of a majority to deter
mine a school prayer.
"Then there would be a
contest as to which church
could get control of the school
board," he remarked.
Both White and Brennan
wondered why it was neces
sary to excuse children if
only general morals, and not
religion, were being taught.
Is Sectarian
"You don't excuse the chil
dren from arithmetic, do
you?" Brennan asked. White
noted that the Douay version
of the Bible has sectarian as
pects. Further, he noted that
the Bible reading in the Ab
ington school is done over a
loud speaker.
"Is there any place in school
a pupil could go and not hear
it?" he asked.
(Nothing is in the record
on this subject because no
one ever asked to be excused. I
Harlan seemed to feel that
the court had reached a turn
ing point. He suggested that
the justices must decide
whether they should not re
examine the whole line of
church - state cases of recent
years.
These include, among oth-
j ers, the McCollum decision of
! 1948, wherein the court ruled
out a religious teaching plan
carried on . in the public
schools of Champaign. 111., by
a joint Jewish - Catholic
Protestant council.
More recently the court
has ruled that holding a public
office in a stale may not be
conditioned on a belief in
God.
A decision in the Bible
reading and Lord's Prayer
cases is expected some time
before the end of the term in
June.
m
What a treat for every
occasion!
ICE CREAM
chamber which was filled to children, Black asked: "How
overflowing with an attentive can you assume there is never
audience. any pressure on a little cnua
The religious affiliations of when he has to step aside?
the members of the court are
varied. Chief Justice Earl
Warren designates himself as
a Protestant. Black comes
from a Baptist background.
Clark and Justices William
O. Douglas and John M. Har
lan are Presbyterians. Justices
Poller Stewart and Byron R.
White are Episcopalians.
Justice William J. Brennan
Jr. is a Roman Catholic and
Justice Arthur J. Goldberg is
Jewish.
Like everybody else, the
justices had a lot of Ideas to
discuss as each attorney took
over the podium to aroue.
Only Clark had practically
nothing to say.
The most outstanding de
velopment was a spasmodic
verbal duel during the entire
argument between Black and
Stewart, the lone dissenter in
ma nvnrriin i (i ar e-ii
The states for many years New York ca5e
have, through the 14th Stewart Sunk!
amendment, been subject to
the same prohibition.
" 'No' means 'no.' " Clark
said. 'This was all the court
decided."
Many legal observers who
followed arguments on now
pending Baltimore and Phil
adelphia area cases Insist,
however, that unless the court
backs away from its New
York ruling the same reason
ing controls the Lord's Pray
er and Bible reading cases.
The general contention of
state officials is that opening
the school day with the Lord's
Prayer is part of the national
heritage; that the exercises
have outgrown their purely
religious origins and merely
teach moral and ethical pre
cepts. Erodes Contact
They say that if these prac
tices are ruled out they fore
see "a steadily increasing ero
sion" in other forms of
church-state contact.
The mentioned chaplains in
both houses of Congress, the
armed forces, service acade
mics and federal hospitals and
prisons; exemptions of reli
gious organizations from Ihe
federal income tax; duducti
bility of gifts to religious in
stitutions, and the like.
FAA Notes Rise in
Airport Activities
The Federal Aviation Agen
cy has announced that in
creases in 0rnpi-al nviatinn
flying during liifia accounted
lor the highest total air traf
lie figure ever recorded - 28,
201.000 landings and takcoffs
at 270 airports served by FAA
control towers.
The tower at Chicago's
O'Harc International Airport
was the nation's busiest, han
dling a total of 417,,'IRtl land
ings and take-offs, about 99,
000 more than 1961.
The tote! pushed !t year's
leader, Los Angeles Interna
tional Airport, into second
place with 344,053 operations.
O'Harc also had more Itiner
ant, airline and instrument
operations than any other air
port in ihe country.
Van Nuyl Airport in Cali
fornia retained its lead of last
year m general auation itin
erant operations with 141,983
lakeoffs and landings.
Medford, in total aircraft
operations, was in ill 1th place
with 54.261. Under the head
ing ol itinerant aircraft op
erations for the calendar year
1962 the Medford tower rank
ed 190th with 38,328.
it
Stewart began it by remark
ing that he had never read
anything in the first amend
ment about "a wall of sep
aration between church and
state," a phrase frequently
used in church - slate contro
veries and mentioned by the
first attorney to speak.
"Why can t the child who
doesn't want to participate
Just walk away? he inquired.
btewart said there was a
tendency to lump the two
clauses of the first amend
ment together when actually
they sometimes conflict, it a
majority wanted to open the
school day with prayer, the
practice might be called an
"establishment," he said. But
stopping it would interfere
with free exercise by them
of their religion.
He said he was not advanc
ing an answer to the conflict
but merely pointing it out.
Stewart also suggested that
Ihe Baltimure case might
merit a trial to determine the
compulsions on a reluctant
participant to conform and
the results If he does not.
Chief Justice Warren ques
tioned a state argument that
the main issue is between
theism (belief in a supreme
being) and non-theism.
"Aren't there many groups
whoh believe as fervently in
God as anyone alse who op
pose this?" he inquired.
He mentioned Jewish
groups.
The chief justice was also
interested in Hawaii, where
there are many Buddhists. He
posed the imaginary situation
of 51 Buddhist children and
49. Christians in class togeth
er. The majority would then
choose a Buddhist ceremony
to open classes and the Chris
tians would walk out? He
asked.
Flnan Doubtful
(The answer by Maryland
Atly. Gen. Thomas B. Flnan
was "Yes.")
Goldberg found it hard to
follw the slate argument
that Ihe opening exercise is
not "religious."
Mppr
"Your grandchildren will grow
up under Communism!"
v NIKITA KHRUSHCHEV
u : t
VLasfrJ
Will rht Sovi.i
fhral com trui?
Will your
grandchildren
llv undm
Communitm ?
Forgtt God?
Solute tho
SuV.vj mil, ?
NtVOfl" MHl ft. Bill MT tilat fo II.. 1
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Communism.' One lure dray. Help Wm Am I What
dpas it do? h bTOtdcMU the news of freedom to 79 million
people hehnul ,he Iron Curtain. Ii helps keep them from
turning to Communism. It pose. . nujot ohwade to the
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Give Now To . . ;
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