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Pierce v. Society of Sisters 268 U.S. 510

Pierce v. Society of Sisters 268 U.S. 510

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Published by Thalia Sanders
landmark case: education
landmark case: education

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Published by: Thalia Sanders on Jun 23, 2010
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Westlaw Delivery Summary Report for PATRON ACCESS,-
Date/Time of Request: Tuesday, June 22, 2010 14:22 EasternClient Identifier: PATRON ACCESSDatabase: SCTFINDCitation Text: 45 S.Ct. 571Lines: 299Documents: 1Images: 0
erived from brown v. board of education
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
 
Supreme Court of the United States.PIERCE, Governor of Oregon, et al.v.SOCIETY OF THE SISTERS OF THE HOLYNAMES OF JESUS AND MARY.SAMEv.HILL MILITARY ACADEMY.
Nos. 583, 584.
Argued March 16 and 17, 1925.Decided June 1, 1925.Appeals from the District Court of the UnitedStates for the District of Oregon.Two suits, one by the Society of the Sisters of theHoly Names of Jesus and Mary, the other by theHill Military Academy, both against Walter M.Pierce as Governor of Oregon, and others, to enjoinenforcement of Compulsory Education Act 1922.From decrees for plaintiffs, denying motions to dis-miss and granting a preliminary injunction (296 F.928),defendants appeal. Affirmed.West Headnotes
Constitutional Law 92 702
92Constitutional Law92VIEnforcement of Constitutional Provisions92VI(A)Persons Entitled to Raise Constitu- tional Questions; Standing92VI(A)3Particular Questions orGrounds of Attack in General92k702k. Education.Most Cited Cases(Formerly 92k42.1(4))
Schools 345 4
345Schools345IPrivate Schools and Academies345k4k. Regulation and Supervision.Most Cited CasesCorporations engaged in conducting private schoolsmay complain of state's unwarranted interferencewith rights of parents and teachers.
Constitutional Law 92 1055
92Constitutional Law92VIIConstitutional Rights in General92VII(A)In General 92k1055k. Reasonableness or Rational-ity.Most Cited Cases(Formerly 92k82(1))Constitutional rights may not be abridged by legis-lation which has no reasonable relation to somepurpose within competency of state.
Constitutional Law 92 4205
92Constitutional Law92XXVIIDue Process92XXVII(G)Particular Issues and Applica- tions92XXVII(G)8Education92k4204Students92k4205k. In General.Most CitedCases(Formerly 92k278.5(5.1), 92k255(2),92k278.5(5))
Constitutional Law 92 4391
92Constitutional Law92XXVIIDue Process92XXVII(G)Particular Issues and Applica- tions92XXVII(G)18Families and Children92k4390Parent and Child Relationship 92k4391k. In General.Most CitedCases(Formerly 92k274(5))Oregon Compulsory Education Act requiring at-tendance at public schools, held unconstitutional asviolative of U.S.C.A Const. Amend. 14.45 S.Ct. 571 Page 1268 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)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.
 
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
13Action13IVCommencement, Prosecution, and Termin-ation13k62k. Premature Commencement.Most Cited Cases
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.
*529
Mr. Justice McREYNOLDS delivered theopinion of the Court.These appeals are from decrees, based upon un-denied allegations, which granted preliminary
**572
orders restraining
*530
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 yearin the districtwhere the child resides; and failure so to do is de-clared a misdemeanor. There are
*531
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)
© 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

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