stand against the idea of a
purely secular education, and on one occasion said he was in favor of
religious instruction 'to the extremest verge to which it can be carried
without invading those rights of conscience which are established by the
laws of God, and guaranteed to us by the Constitution of the State.' At
another time he said that he regarded hostility to religion in the
schools as the greatest crime he could commit. Lest his name should go
down in history as that of one who had attempted to drive religious
instruction from the schools, he devoted several pages in his final
Report--the twelfth--to a statement in which he denied the charges of
his enemies." Raymond B. Culver, Horace Mann on Religion in the
Massachusetts Public Schools, 235 (1929).

[23] 333 U.S. 203, 222 ff. (1948).

[24] Ibid. 213.

[25] Ibid. 225-226.

[26] Ibid. 231.

[27] Ibid. 232, 234.

[28] 333 U.S. 244.

[29] Ibid., 253, 254.

[30] Zorach _v._ Clauson, 303 N.Y. 161, 168-169; 100 N.E. 2d 403 (1951).

[31] Zorach _v._ Clauson, 343 U.S. 306 (1952).

[32] Ibid., pp. 313-314. Justices Black, Frankfurter, and Jackson
dissented.

[33] Doremus _v._ Board of Education, 342 U.S. 429 (1952).

[34] Three dissenters, speaking through Justice Douglas, argued that,
since the New Jersey Supreme Court had taken the case and decided it on
its merits, the United States Supreme Court was bound to do the same.
Ibid. 435-436.

[35] Bradfield _v._ Roberts, 175 U.S. 291 (1899).

[36] Quick Bear _v._ Leupp, 210 U.S. 50 (1908).

[37] Cochran _v._ Louisiana State Board of Education, 281 U.S. 370
(1930).

[38] Everson _v._ Board of Education, 330 U.S. 1 (1947).

[39] 42 U.S.C.A. Sec. 1751-1760; 60 Stat. 230 (1940).

[40] Davis _v._ Benson, 133 U.S. 333, 342 (1890).

[41] Cantwell _v._ Connecticut, 310 U.S. 296, 303, 304 (1940).

[42] Pierce _v._ Society of Sisters of Holy Names, 268 U.S. 510 (1925).

[43] Reynolds _v._ United States, 98 U.S. 145, 166 (1879).

[44] Ibid. 167.

[45] Davis _v._ Beason, 133 U.S. 333, 345 (1890).

[46] Reynolds _v._ United States 98 U.S. 145 (1879); Davis _v._ Beason,
133 U.S. 333 (1890).

[47] 322 U.S. 78 (1944).

[48] Ibid. 89.

[49] 310 U.S. 296 (1940).

[50] Minersville School Dist. _v._ Gobitis, 310 U.S. 586 (1940).

[51] Jones _v._ Opelika, 316 U.S. 584 (1942).

[52] Jones _v._ Opelika, 319 U.S. 103 (1943); Murdock _v._ Pennsylvania,
319 U.S. 105 (1943).

[53] Board of Education _v._ Barn