Page:Christianity and Liberalism.djvu/27

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Introduction

13

soon be extended far beyond the bounds of one state,^[1] mean of course the ultimate destruction of all real education. When one considers what the public schools of America in many places already are—their materialism, their discouragement of any sustained intellectual effort, their encouragement of the dangerous pseudo-scientific fads of experimental psychology—one can only be appalled by the thought of a commonwealth in which there is no escape from such a soul-killing system. But the principle of such laws and their ultimate tendency are far worse than the immediate results.^[2] A public-

↑ In Michigan, a bill similar to the one now passed in Oregon recently received an enormous vote at a referendum, and an agitation looking at least in the same general direction is said to be continuing.
↑ The evil principle is seen with special clearness in the so-called "Lusk Laws" in the state of New York. One of these refers to teachers in the public schools. The other provides that "No person, firm, corporation or society shall conduct, maintain or operate any school, institute, class or course of instruction in any subjects whatever without making application for and being granted a license from the university of the state of New York to so conduct, maintain or operate such institute, school, class or course." It is further provided that "A school, institute, class or course licensed as provided in this section shall be subject to visitation by officers and employees of the university of the state of New York." See Laws of the State of New York, 1921, Vol. III, Chapter 667, pp. 2049-2051. This law is so broadly worded that it could not possibly be enforced, even by the whole German army in its pre-war efficiency or by all the espionage system of the Czar. The exact measure of enforcement is left to the discretion of officials, and the citizens are placed in constant danger of that intolerable interference with private life which a real enforcement of the provision about "courses of instruction in any subjects whatever" would mean. One of the exemptions is in principle particularly bad. "Nor shall such license be required," the law provides, “by schools now or hereafter established and maintained by a religious denomination or sect well recognized as such at the time this section takes effect.” One can certainly rejoice that the existing churches are freed, for the time being, from the menace involved in the law. But in principle the limitation of the exemption to the existing churches really runs counter to the fundamental idea of religious liberty; for it sets up a distinction between established religions and those that are not established. There was always tolerance for established religious bodies, even in the Roman Empire;

[1] In Michigan, a bill similar to the one now passed in Oregon recently received an enormous vote at a referendum, and an agitation looking at least in the same general direction is said to be continuing.

[p13-2] The evil principle is seen with special clearness in the so-called "Lusk Laws" in the state of New York. One of these refers to teachers in the public schools. The other provides that "No person, firm, corporation or society shall conduct, maintain or operate any school, institute, class or course of instruction in any subjects whatever without making application for and being granted a license from the university of the state of New York to so conduct, maintain or operate such institute, school, class or course." It is further provided that "A school, institute, class or course licensed as provided in this section shall be subject to visitation by officers and employees of the university of the state of New York." See Laws of the State of New York, 1921, Vol. III, Chapter 667, pp. 2049-2051. This law is so broadly worded that it could not possibly be enforced, even by the whole German army in its pre-war efficiency or by all the espionage system of the Czar. The exact measure of enforcement is left to the discretion of officials, and the citizens are placed in constant danger of that intolerable interference with private life which a real enforcement of the provision about "courses of instruction in any subjects whatever" would mean. One of the exemptions is in principle particularly bad. "Nor shall such license be required," the law provides, “by schools now or hereafter established and maintained by a religious denomination or sect well recognized as such at the time this section takes effect.” One can certainly rejoice that the existing churches are freed, for the time being, from the menace involved in the law. But in principle the limitation of the exemption to the existing churches really runs counter to the fundamental idea of religious liberty; for it sets up a distinction between established religions and those that are not established. There was always tolerance for established religious bodies, even in the Roman Empire;

[1]

[2]