Minor et al. v. Board of Education of Cincinnati et al. RESTRAINING ORDER. Superior Court of Cincinnati, November 2, 1869. JOHN D. MINOR et al., "On the application of the plaintiffs that a restraining order be allowed to issue against said defendants upon the matters alleged in the petition and affidavit filed, it is ordered that the defendants show cause on Thursday, November 4, at 10 o'clock, in Room No. 3, of the Superior Court, why the said application be not granted, and that in the meanwhile the resolutions of the defendants, as charged in said petition, be not further acted on until the hearing of this application." ORDER OF NOVEMBER 4, 1869. By consent, the hearing of the cause upon the order hereinbefore made, is continued until Saturday, November 7th, 1869, at 10 o'clock, A. M., and the order of restraint hereinbefore made is continued and to remain in full force and effect until otherwise ordered. [On the 7th of November the Court, with the consent of all parties, assigned the case for hearing before the full bench on Monday, November 30th, and it was agreed that the answers of the defendants should be filed, and the order of reservation made, at the convenience of counsel. No minute entry was made on the 7th.] Minor et al. v. Board of Education of Cincinnati et al. ANSWER OF THE DEFENDANTS NAMED THEREIN, FILED NOVEMBER 26, 1869. The Board of Education of the City of Cincinnati, the City of Cincinnati and W. J. O'Neil, J. H. Brunsman, J. W. B. Kelley, Edgar M. Johnson, Benjamin J. Ricking, D. J. Mullaney, Henry W. Poor, Joseph P. Carbery, F. Macke, II. P. Seibel, C. F. Bruckner, Stephen Wagner, Joseph Kramer, F. W. Rauch, Thos. Vickers, A. Theurkauf, John Sweeney, George D. Temple, John P. Story, Samuel A. Miller, Herman Eckel, J. F. Wisnewski and H. L. Wehmer, defendants in the above entitled action, in answer to the petition say: That it is true that on the 1st day of November, 1869, said Board of Education passed the resolutions in said petition set forth; that these defendants also believe it to be true that the rule abrogated by said resolutions was adopted by the Board of Trustees and Visitors of the Common Schools in 1852; that it is also true that the version of the Bible generally in use in the common schools of Cincinnati is that known as King James' Version; that these defendants are not informed as to the truth of the allegation in the petition respecting the action of the School Board in 1842, but that if said allegation be true the rule claimed in the petition to have been Minor et al. v. Board of Education of Cincinnati et al. adopted in 1842 has long since ceased to be acted upon or to be recognized as of binding force, the same not being found among the standing rules published and promulgated by the School Board, or Board of Education, during the last twenty-five years; that the sole version of the Bible which has been read in the common schools at any time within the knowledge of the defendants is that known and described in the petition as the King James' Version; that it is true that there are books other than the Bible now in use in the common schools of Cincinnati, which contain passages and selections from the Bible, and from writings inculcating truths which by many persons are designated as religious truths, but that such books are not religious books, and are not used for the purpose of conveying religious instruction; that these defendants believe it to be true that a number of children, who are educated in the common schools, receive no religious instruction or knowledge of the Bible except that communicated in said schools; that while the defendants do not deny that religious instruction is necessary and indispensable to fit said children to be good citizens of the State of Ohio, and of the United States, they deny that such instruction can or ought to be imparted in the schools established by the State; and these defendants say that it is true that the individuals named as defendants, are, with the exception of W. F. Hurlbut, members of said Board of Education, duly elected and qualified, and that said W. F. Hurlbut is clerk of said board, and that his duties are correctly described in the petition; and these defendants deny each and every other allegation of the petition which is not hereinbefore admitted. And said defendants further answering, say that the citizens of Cincinnati, who are taxed for the support of the schools under the management of said Board of Education, and all of whom are equally entitled to the benefits thereof by having their children instructed therein, are very much divided in opinion and practice upon matters connected with religious belief, worship and education; that a considerable number thereof are Israelites who reject the Christian religion altogether, and believe only in the inspired truth of what is known as the Old Testament, and this only in the original Hebrew tongue, and such other religious truths and worship as are perpetuated in their body by tradition; that also, many of said citizens do not believe the writings embraced in the Bible Minor et al. v. Board of Education of Cincinnati et al. to be entitled to be considered as containing an authoritative declaration of religious truth; that a still greater number of said citizens together with their children are members of the Roman Catholic Church, and conscientiously believe in its doctrines, faith and forms of worship, and that by said church the version of the scriptures referred to in the petition, is taught and believed to be incorrect as a translation and incomplete by reason of its omission of a part of the books held by such church to be an integral portion of the inspired canon; and furthermore, that the scriptures ought not to be read indiscriminately, in as much as said church has divine authority as the only infallible teacher and interpreter of the same, and that the reading of the same without note or comment, and without being properly expounded by the only authorized teachers and interpreters thereof, is not only not beneficial to the children in said schools, but likely to lead to the adoption of dangerous errors, irreligious faith, practice and worship, and that by reason thereof the practice of reading the King James' version of the Bible, commonly and only received as inspired and true by the Protestant religious sects, in the presence and hearing of Roman Catholic children, is regarded by the members of the Roman Catholic Church as contrary to their rights of conscience, and that such practice as heretofore pursued has had the necessary effect to prevent the attendance of large numbers of children of those who are members of said. church, who, in consequence thereof have erected, and now maintain, separate schools at their own expense, in which there are enrolled and taught a number, about two-thirds of the number of those who are enrolled and taught in the schools under the management of said Board of Education; that also there are other religious sects and denominations and bodies of citizens who either do not regard the Bible as the authoritative source of religious truth, or who regard themselves as possessed of the only true sense thereof; that furthermore, a large number of persons in this community who are ready and qualified to act as teachers in said public schools object to the reading of the Bible in the version in use (or, indeed, in any version without note or comment) on conscientious grounds, and are thereby precluded from employment as teachers in said schools; that in consideration of these facts said Board of Education has concluded that it was not possible for it to take upon itself any instruc Minor et. al v. Board of Education of Cincinnati et al. tion in religion, and that it is neither right nor expedient to continue in use in said public schools the reading of any version of the Bible as a religious exercise, or any other religious exercise whatever, and therefore has passed the resolutions now complained of by the plaintiffs. These defendants pray to be dismissed with their costs. Solicitors for City. S. & S. R. MATTHEWS, GEO. HOADLY, STALLO & KITTREDGE, State of Ohio, Hamilton County, ss: Henry L. Wehmer being duly sworn, deposes and says that he is the President of the Board of Education of the city of Cincinnaţi, one of the defendants in the above entitled action, and that he believes the statements contained in the foregoing answer to be true. H. L. WEHMER. Sworn to before me, by said Henry L. Wehmer, and by him subscribed in my presence, this 23d day of November, 1869. ED. H. KLEINSCHMIDT, [L. S.] Notary Public. |