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PAGE 2—THE BULLETIN, October 14, 1961 Enjoy that REFRESHING NEW FEELING you get from Coke! ...a little minute for a big rest 60TTLED UNDER AUTHORITY OF THE COCA-COLA COMPANY BY COCA-COLA BOTTLERS OF GEORGIA OPPOSITE CHASTAIN MEMORIAL PARK •H"l I■ t ftOWNTGWfi I ^ATLANTA Dial BL. 5-0364 STEAKS from Omaha and Cedar Rapids GEORGIA CAPONETTE Broiled, Fried or Barbecued PORK RACKSTRIP RIBS Member Diners’ Club, American Express, Hilton Carte Blanche DINING ROOM Open 6 P. M. to 11 P. M„, Closed Sundays For The Finest In Non-Perishable Fancy Food Gift Baskets SNACK ’N SHOP Variety of Wonderful Appetizing Snacks Served AT OUR SNACK BAR OPEN TIL 7 P.M. North Decatur Plaza ME. 6-4622 Decatur, Ga. W.K.{ BILL.) SEATON RESTAURANT (Trademark Registered) W. E. SEATON, Owner One Location Now . . . But Watch for Openings of 3 New Locations Soon in Northv East and South Sections of Atlanta. Open Every Day 11:30 a. m.-10:30 p. m. 300 Seals Hwy. 42 on Moreland Ave., S.E. 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JACKSON 3-8282 Each Account Insured Up To $10,000.00 SAVE BY MAIL IWWvv.hV.V.Lhv.;.* FAIRNESS IN SCHOOL AID •:*•••• : $ Various Experts Believe Constitution Does Not Ban U. S. Aid To Church Schools Following is the fourth and filial in a series of articles on the debate over Federal aid to education for parochial and oth er private schools. The’ author, whose background includes some fifteen hooks in the fields of philosophy, religion and edu cation, is research professor of theology at the University of Notre Dame. By Father John A. O'Brien (NCWC News Service) What does Prof. Arthur E. Sutherland say about the con stitutionality of public aid in the form of long-term loans to public and io nonprofit private schools for school purposes generally? An eminent authority on constitutional law, Prof. Suth erland of Harvard was asked by Rep. John W. McCormack for his judgment on this mat ter. After studying the matter with great care, Prof. Suther land reaches the conclusion that there is no clear consti tutional prohibition against such aid. JOHN MARSHALL LAW SCHOOL JUNIOR COLLEGE 105 Forres! Ave., N. E. JA. 3-8580 “Around the Corner from Sacred Heart Church” Day And Evening Classes Guaranteed Passenger and Truch Tires—Retail, Whole sale, Fleet—8-Hour Service on Passenger Cars MOBLEY TIRE & RECAP SERVICE DR. 3-3388 - 2803 E. Ponce De Leon DECATUR Dunlap Distributor* L Highest Quality Recaps I CE 7-8694 • Free Inspection 2730 Piedmont Road, N. E. Atlania 5, Georgia “Assuming,” he concludes “that the existing Federal aid to education is constitutional— which seems to me a reason able assumption — the distinc tion between these existing programs and the proposal which I discuss is not suffi ciently evident to persuade me that a measure providing for long-term loans of the charac ter which I have described, to aid education in basic lay sub jects, would conflict with the provisions of the First Amend ment.” What does Dr. Robert M. Hutchins say on this point? The president of the Center for the Study of Democratic Institutions and the former chancellor of the University of Chicago and dean of the Yale University Law School pointed out that tax exemption is giv en private schools because they are performing a public service. “If they are,” he said, “and if this is a service that would otherwise have to be performed by the public, then there is no reason why pri vate organizations should not receive appropriate assistance from the government.” Objections raised against in cluding such schools in the Federal program of aid to edu cation, he characterized as “in competent, irrelevant and im material.” He cited the G.I. Bill that gave thousands of service men Federal funds to attend the college of their choice, public or private. Have other noted authorities expressed similar opinions? Yes, hundreds have. Exam ple: Twenty-one prominent jurists, including former Attor ney General James P. McGra- nery, were requested to pre pare an opinion on this sub ject. After painstaking study, they reached the unanimous conclusion that there is no thing in the Constitution which prevents public funds from being used to pay for the public service rendered by nonprofit schools in teaching pupils all the secular subjects taught in the public school. “Once- Congress decides, that Federal aid is necessary,” they say, “there should be full equality of treatment with re spect to all children whether they be enrolled in public, pri vate, or church-related schools. This is a matter of high prin ciple. The parochial schools of this country are discharging a public service. They provide an educational program which fully satisfies present govern mental standards for compe tence. “The state and all the citi zens thereof benefit from this educational effort. If massive Federal expenditures are to be made from the tax collections of all the people, this aid PATTERSON FURNITURE CO. “Quality Furniture at Lower Prices” 3950 Buford Hwy. Opp. Skyland Shopping Center Browse through our beautiful home furnishings. Early American - Traditional - Contemporary Open every night til », Except Saturday ME. 6-7852 Appliances - Television ESTABLISHED )S94g Distributors and Underwriters of Investment Securities Since 1894 The Robinson-Humphrey Company,Inc. \ / RHODES-HAVERTY BLDG. Jackson 1-0316 ATLANTA I, GEORGIA Long Distance 421 should not go only to a select segment, however large, of the population. To the extent that, parochial schools provide a recognized and accredited sec ular education they are entitl ed to equal treatment.” Did not the First Amend ment erect a wall of separa tion, high and impenetrable, between Church and State? Yes, but not in all respects. In the Zorach case Justice Douglas said: “The First Amendment, however, does not say that in every and all respects there shall be a sep aration of Church and State. Rather, it studiously defines the manner, the specific ways, in which there shall be no concert or union or dependen cy one on the other. That is the common sense of the mat ter. Otherwise the state and religion would be aliens to each other — hostile, suspi cious, and even unfriendly.” What do other eminent au thorities say on this matter? Wilbur G. Katz, former dean of the University of Chicago Law School and an expert on constitutional law, points out: “The basic American principle of Church-State relations is not separation but religious liberty . . . Separation ordi narily promotes religious free dom; it is defensible so long as ‘it does, and only so long “ In his well-reasoned dissent in the McCollum case, Justice Reed suggests that the Court should return to the language of the Amendment and in terpret it rather than Jeffer son’s phrase, “wall of separa tion.” It is a wise suggestion for the meaning of the meta phor has become so confused that many can’t distinguish the figure of speech from the principles involved. What does the First Amend ment really mean? Simply that, in ordinary cir cumstances, the government may not directly and actively maintain or support any re ligion. Hence, it prohibits any legislation designed to favor directly a particular religion The key words are “in ordina ry circumstances” plus “direct ly” and “actively.” The amendment doesn’t for bid nonreligious legislation which has only an incidental or secondary effect upon re ligious activity or which ac cords religious people the same benefits afforded the general public. It does not forbid chap lains for the inmates of peni tentaries, hospital patients, or military personnel. Thus Prof. Edward S. Cor win of Princeton, one of our foremost authorities on consti tutional law, says: “The his torical record shows beyond peradventure that the core idea of an ‘establishment of religion’ comprises the idea of preference; and that any act of public authority favorable to religion in general cannot, without manifest falsification of history, be brought under the ban of that phrase.” Whai is the danger in the proposed Federal aid lo edu cation exclusively through de velopment of public schools? It tends to achieve indirect ly what is forbidden by the Constitution: compelling at tendance at public schools. By combining its taxing powder with its spending power, gov ernment can gradually force public education willy-nilly down the throats of all citizens just as surely as by a specific ordinance. “The real threat,” points out the commission of 21 Wash ington lawyers, “lies in the unconstitutional threat posed by and inherent in any large- scale spending program solely for the benefit of public schools . . . We can justify a demand that publicly collected monies be distributed to all those who participate in the task of education, not just those in secular schools. Other wise government is on the side of the secularists." Who are lo be the benefici aries of fhe proposed legisla tion? The school children of America. The government sub sidies are to be provided so that there will be achieved “the maximum development ot every young American’s capa city.” Hence all pupils, regard less of the school attended, should share in these benefits. Otherwise the right of par ents to determine the educa tion of their children by send ing them to schools of their choice will virtually be nulli fied. To count nonpublic, non profit school children “in” for purposes of taxation and “out” for distribution of taxes, as the proposed bill does, is unfair, unjust, and un-American to the core. What is fhe bearing of fhe U. S. Supreme Court decision in the Everson case upon the proposed Federal aid bill? The New Jersey law reim bursed parents for the cost of public transportation of their children to and from school regardless of the school at tended. Its constitutionality was challenged on the ground that religious institutions were thereby benefited. Upholding the legislation, the U. S. Su preme Court ruled that the purpose of the legislation was nonreligious, and that the re ligious effects did not invali date it. Whai is ihe import of ihe decision in ihe Cochran case? A Louisiana law provided that secular textbooks be fur nished to all the children, whe ther they attended public or nonprofit private schools, in cluding church-related institu tions. Sustaining the legisla tion, the Supreme Court ruled that the books were primarily for the education of children, not for the benefit of the schools. “It may be signifi cant,” points out Prof. Suther land, “that in those cases (Ev erson and Cochran) the aim of the legislation was not re ligious indoctrination, but the safety and the lay educational advancement of the school child — the aim which I as sume the Congress would have if it were to provide for such loans” — i.e., to nonprofit pri vate schools, church-related and nondenominational. What important distinction is brought out in both these decisions? The distinction between the nonreligious character of the legislation and the religious ef fects of the legislation. There is nothing in the Constitution prohibiting the use of public funds for the education of chil dren in secular subjects, for transporting them to schools where those branches of learn ing are taught, or for provid ing them with textbooks for the same. What legislative enactments are based upon the principle of equal treatment of students under the law? The G. I. Bill, the Federal Scholarship Plan, the College Housing Act of 1950, the War Orphans’ Educational Assist ance Act of 1956 and parts of the National Defense Educa tion Act of 1958. Under these laws, students receive Federal assistance to defray their tul tion at colleges, public or church-related. As the exten sion of Federal aid to students on the secondary and elemen tary level would involve only the same principle, it would be equally constitutional. What then are some ways in which Federal aid may legally be extended to students in pri vate nonprofit elementary and secondary schools, both church-related and nondenom inational? 1. By providing such pupils with nonreligious textbooks and supplies, and by making available to them certain non religious educational services. 2. By some form of limited grant or benefit to the parents of all school children, includ ing the parents of those at tending private nonprofit schools. Examples: Parents might be reimbursed in part for tuition payments or Con gress might provide them an income tax benefit in the form of a limited deduction, exemp tion, or credit. 3. By a program of matching grants or long-term, low-inter est loans for nonreligious facil ities and equipment, in which both public and private non profit schools, including church - related institutions, would participate. Does formal instruction in church-related schools occupy much of the teaching time? No, only a small fraction— about 2V2 out of 25 hours a week. Most of all the effort, time, and funds are devoted to the teaching of secular sub jects taught in the public school. In many of the facili ties of the church-related schools, such as the gymnasi ums, cafeterias, laboratories and medical and dental offic es, no religious instruction is involved. Are Catholics the only ones seeking to have their children share in the proposed Federal aid to education? No. Members of other faiths are equally concerned. Speak ing at the House hearing on this bill, Rabbi Morris Sherer, Drew University, Dr. Herherg of says: “Justice, I think, is en tirely on the side of those who call for public support to 7 paro chial and other religious schools performing a public function; so also is the prac tice of other democratic coun tries, where almost without ex ception, religious schools meet ing the set requirements are given public support as public institutions.” What does Prof. Henry Steele Commager propose? In the New York Times magazine of February 26, 1961, the distinguished American historian of Amherst College, Dr. Commager, makes substan tially the same recommenda tion: “Society requires educa tion because it has a para mount interest in an educated citizenry . . . The problem of (Continued on Page 3) executive vice - president Agudath Israel of America said: “Our organization of Or thodox Jews has chapters in every part of the United States and includes thousands of rab bis and communal leaders amongst them the foremost Jewish scholars and religious authorities. “We strongly favor Federal aid to parochial schools The Jewish parent who* sends his child to a parochial school should not be unduly penalized for exercising the right of free choice, implicit in the Ameri can way of life, to educate his children in accordance with his religious conscience . . “The memorandum distrib uted yesterday to Congress by the Administration’s attorney against Federal aid to paro chial schools, conversely tends to prove that there is no clear cut ‘black and white, thinking on this issue of constitution ality. The brief is so full of loopholes, and draws so many hazy distinctions between le gal and illegal aid, that it ac tually serves to add weight to our contention that die-hard opposition to Federal aid to the secular programs of paro chial schools is filled with in consistencies. Whai is ihe stand of Citizens for Educational Freedom? This is a national organiza tion of citizens of all faiths At a congressional hearing, its president, David L. LaDriere reported that his organization favors tuition grants for chil dren in both public and church-related schools. “Fair treatment of children in non profit schools,” he said, “in' volves complete equality with those in public schools, so far as Federal aid is concerned. Whai does Dr. Arthur S. Fleming, former Secretary of Health, Education and Wel fare, advocate? A prominent Methodist and former president of Ohio Wes leyan University, Dr. Fleming urges Congress to approve a program of loans for nonprofit private and church - related elementary and secondary schools. He suggests that Con gress put aside the contro versial feature of the present bill giving government aid for public teachers’ salaries and concentrate on a program of school construction. What does Life magazine recommend? In an editorial on this sub ject in its March 17, 1961, is sue, Life said: “Certainly edu cation needs all the going concerns it can get; the great er variety the better and the more religious schools the bet ter too . . . Democracy de pends on education; but does that mean it can depend pri marily on nonreligious educa tion, which is often in effect antireligious? Protestants, Catholics and Jews have a lot more thinking to do on this subject.” What does Will Herberg say on this subject? 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