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Michigan Bible Reading Bill Upheld by Attorney General

April 15, 1929
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“First: May the Bible be read in schools if pupils are not compelled to attend or participate?

“Second : May the student be excused from school, twice each week for one hour each period, to attend outside voluntary religious instruction?

“As to the first question, the Supreme Court of our state has passed squarely upon it in the case of Pfeiffer vs. Board of Education, 118 Michigan 560, decided in 1898. It was there held that: ‘The use in the public schools, for fifteen minutes at the close of each day’s session, as a supplemental textbook on reading, of a book entitle, ‘Readings from the Bible,’ which is largely made up of extracts from the Bible emphasizing the moral precepts of the ten commandments, where the teacher is forbidden to make any comment on the matter therein contained, and is required to excuse from that part of the session any pupil upon application of his parent or guardian, is not a violation of the State constitution.’

“Sections 39, 40 and 41, Article five of the constitution of 1850 then in force, are contained in Section 3, Article II, of the present Michigan constitution. It is therefore apparent that the same statutory and constitutional provisions are now in force as were in force when the Pfeiffer case was decided.

“This decision is supported by those of a number of other states.

“The second question involves the extent of power which may be exercized by the Legislature and Board of Education in excusing students for any purpose. In the absence of a constitutional inhibition, the Legislature has power to deal with the subject. The school authorities have been given full powers over the management of the schools by various legislative enactments. The test as to action by the board of education in regulating certain hours for students to be excused for purposes of outside religious study for a period of not to exceed one hour twice each week, is ‘abuse of discretion.’

“In my opinion, the provision requiring the excusing of students for a period of two hours each week for such purposes is within the legislative power to enact, and I believe that this provision is constitutional.”

About 1,500 women are expected to attend the reception at the Waldorf Astoria, New York, this afternoon, given by the Ivriah, women’s division of the Jewish Education Association. Mrs. L. J. Margulies is Chairman of the committee on arrangements. The toastmaster will be Mrs. Gabriel Hamburger, acting chairman of Ivriah, and greetings will be extended by Israel Unterberg on behali of the Jewish Education Association. Addresses will be delivered by James Waterman Wise, Mrs. Joseph Leblang, Chairman of Ivriah, and Mrs. Rebekah Kohur.

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