Schools 345 160
345Schools345IIPublic Schools345II(L)Pupils345k160k. Compulsory Attendance.MostCited CasesOregon Compulsory Education Act requiring at-tendance at public schools, held unconstitutional.
Injunction 212 75
212Injunction212IISubjects of Protection and Relief 212II(E)PublicOfficers and Entities
212k75k. State or National Boards andOfficers.Most Cited CasesNo person in any business may restrain exercise of proper power by state on ground that he will be de-prived of patronage.
Action 13 62
Injunction 212 112
212Injunction212IIIActions for Injunctions212k112k. Time to Sue in General.Most
Cited CasesSuits brought to enjoin enforcement of unconstitu-tional Compulsory Education Act of 1922 of Ore-gon, before effective date thereof, held not prema-ture.Messrs. George E. Chamberlain, of Portland, Or.,and Albert H. Putney, of Washington, D. C., for ap-pellant Pierce.Mr. Willis S. Moore, of Salem, Or., for other appel-lants.Messrs. Wm. D. Guthrie, of New York City, and J.P. Kavanaugh, of Portland, Or., for appellee Soci-ety of the Sisters of the Holy Names of Jesus andMary.Mr. John C. Veatch, of Portland, Or., for appelleeHill Military Academy.
Mr. Justice McREYNOLDS delivered theopinion of the Court.These appeals are from decrees, based upon un-denied allegations, which granted preliminary
appellants fromthreatening or attempting to enforce the Compuls-ory EducationActFN1adopted November 7, 1922(Laws Or. 1923, p. 9), under the initiative provisionof her Constitution by the voters of Oregon. Judi-cial Code, § 266 (Comp. St. § 1243). They presentthe same points of law; there are no controvertedquestions of fact. Rights said to be guaranteed bythe federal Constitution were specially set up, andappropriate prayers asked for their protection.The challenged act, effective September 1, 1926,requires every parent, guardian, or other personhaving control or charge or custody of a childbetween 8 and 16 years to send him ‘to a publicschool for the period of time a public school shallbe held during the current year’ in the districtwhere the child resides; and failure so to do is de-clared a misdemeanor. There are
exemptions-not specially important here-for children who arenot normal, or who have completed the eighthgrade, or whose parents or private teachers reside atconsiderable distances from any public school, orwho hold special permits from the county superin-tendent. The manifest purpose is to compel generalattendance at public schools by normal children,between 8 and 16, who have not completed theeight grade. And without doubt enforcement of thestatute would seriously impair, perhaps destroy, theprofitable features of appellees' business andgreatly diminish the value of their property.Appellee the Society of Sisters is an Oregon cor-45 S.Ct. 571 Page 2268 U.S. 510, 45 S.Ct. 571, 39 A.L.R. 468, 69 L.Ed. 1070
(Cite as: 268 U.S. 510, 45 S.Ct. 571)
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