Wilkerson v. City of Rome

110 S.E. 895, 152 Ga. 762, 20 A.L.R. 1334, 1922 Ga. LEXIS 275
CourtSupreme Court of Georgia
DecidedFebruary 18, 1922
DocketNo. 2569
StatusPublished
Cited by17 cases

This text of 110 S.E. 895 (Wilkerson v. City of Rome) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilkerson v. City of Rome, 110 S.E. 895, 152 Ga. 762, 20 A.L.R. 1334, 1922 Ga. LEXIS 275 (Ga. 1922).

Opinions

Gilbert, J.

1. The portions of the constitution of this State now under consideration are all found in the “bill of rights,” article 1, section 1, paragraphs 12, 13, and 14. These paragraphs, declaring three distinct principles, may be referred to in their order as (1) freedom of religious conscience; (2) freedom of civil status; and (3) freedom from taxation for sectarian purposes. The precise question made in this case must not be overlooked. The reasons for the contention that the ordinance is violative of the above-mentioned paragraphs of the constitution are as follows: First, that the reading of the King James version of the Bible is in aid of the Protestant sect of the Christian religion. Second, that such version is contrary to the beliefs, opinions, and teachings of the Boman Catholic sect of the Christian religion. Third, that it is contrary to the beliefs and opinions of those holding the Jewish faith. Fourth, that there are many persons of the Jewish faith and others not of the Protestant Christian sect who pay taxes for the maintenance of the public schools, and that the principals of the public schools are all of the Protestant sect; and therefore there would be a discrimination and violation of the freedom -from-taxation clause of the constitution. It will conduce to a clearer construction by tracing to their origin the paragraphs of the constitution referred to, and ascertaining the evils intended to be cured by them. The founders and early settlers of America consisted in large part of persons who fled from the religious persecutions of the old world to the shores of the new world in search of religious freedom. In establishing a government for themselves founded upon principles of religious liberty they were by no means ungodly or insensible to the benefits of Christianity. There is abundant historical evidence, as well as the opinions of eminent statesmen and jurists for the statement that the pioneers in the formation and conduct of American colonial governments did not have it in mind to bring about a complete separation of Church and State. Indeed, as stated in 10 Mich. Law Beview, 164, “It is doubtful if in a single one of [767]*767the colonies, before the revolution, there was absolute freedom of belief and worship. . . Thus, in every one of the American colonies the State already endeavored to interfere in matters religious, and in most of them a State Church was established.” The colony of Georgia was not an exception to the general rule; In the charter granted to “ The Trustees for establishing the Colony of Georgia in America” it was declared that “there shall be a liberty of conscience allowed in the worship of God, to all persons resident within the province, and that all such persons, except papists, shall have; a free exercise of religion, so they becontented with the quiet and peaceable enjoyment of the same, not giving offence or scandal to the government.” McElreath on the Constitution of Georgia, § 235; 1 Jones’ History of Georgia, 92. In the year 1758 the province was divided into districts according to parishes. The parish at Savannah was designated as “ Christ Church.” The Church erected there and the burial place appurtenant thereto were designated as “ Parish Church and Cemetery of Christ Church.” It was provided that “ Bartholomew Zouberbuhler, Clerk, the present Minister of Savannah, shall be the rector and incumbent of said Church of Christ Church, and he is hereby incorporated and made a body politick and corporate, . . enabled to sue and be sued, and shall have the cure of souls within said Parish, and shall be in the' actual possession of the said Church with its cemetery and appurtenances, . . together with the glebe land already granted to him.” It was furthér provided that for the purpose of church repairs, care of cemeteries, to pay the salaries of the clerk and sexton, the rector and his church officials were authorized to levy a tax on the estate, real and personal, of all the inhabitants within their respective parishes. While the patronage of the crown and of the colonial assembly was extended in this special manner in aid of churches professing the Episcopal faith, it was not designed to favor them by an exclusive recognition. Apparently it was intended to place the Episcopal Church on much the same basis as it existed in England. Mr. Jones, in his history, says “ There can be no doubt, however, but that it was the intention of the government, both royal and colonial, to engraft the Church of England upon the province.” 1 Jones’ History of Georgia, 527.

We have no reported case arising in the colony of Georgia, in[768]*768volving the freedom-of-religious-conscience clause of the royal charter to Georgia; but in the colony of Massachusetts, where a similar religious-liberty covenant existed, the question did arise. The provision in the colonial statute of Massachusetts was substantially identical with the ordinance of Rome, Ga., now under consideration, except that the former, in addition to providing for the reading of the bible and prayer, also provided '' that the pupils le&rn the Ten Commandments and repeat them once a week.” In this case, Commonwealth v. Cook, decided in 1859, reported in 7 American Law Register, 417, a son of the complainant, eleven years of age, a pupil in a public school, was chastised by the teacher for a refusal to comply with the requirements of the school in the matter. The case arose on the prosecution of the teacher. The court elaborately discussed the question, and, rejecting the contention of the complainant, said in part: " Our schools are the granite foundation on which our republican form of government rests.. They were created and are now sustained by our constitution and laws, and the almost unanimous voice of the people. But a pupil in one of them has religious scruples of conscience, and cannot read or repeat, the Commandments, unless from that version of the Bible which his parents may approve. . . If the plea of conscience and his constitutional rights would protect him from reading the Bible, is it not equally clear that he could not be compelled to hear it read? If, then, these are constitutional rights, .secured to the children in our common schools, at any time when one pupil can be found in each public school in the Commonwealth with conscientious scruples against reading the Bible, or hearing it read, the Bible may be banished from them, and so the matter of education may be taken from the State government and placed in the hands of a few children. Not Roman Catholic children alone. For if the plea of conscience is good for one form of sectarian religion, it is good for another. .The child of a Protestant may say, 'I am a conscientious believer in the doctrine of universal salvation. There are portions of the Bible read in school which it is claimed by others tend to prove a different doctrine; my conscience will not allow me to hear it read, or to read it.’ Another objects as a believer in baptism by sprinkling. 'There are passages in the Bible which are believed by some to teach a different doctrine. I cannot read it; conscience is in the [769]*769way.’ Still another objects as a believer in one God. ‘ The Bible, it is claimed by some, teaches a different doctrine; my conscience will not allow me to read it or hear it read/ And so every denomination may object for conscience sake, and war upon the Bible and its use in common schools. Those who drafted and adopted our constitution could never have intended it to meet suck narrow and sectarian views. That section of the constitution was clearly intended for higher and nobler purposes.

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Cite This Page — Counsel Stack

Bluebook (online)
110 S.E. 895, 152 Ga. 762, 20 A.L.R. 1334, 1922 Ga. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilkerson-v-city-of-rome-ga-1922.