26 A.2d 881 | N.J. | 1942
The appellants were convicted in the Juvenile and Domestic Relations Court of Bergen County of being disorderly persons, in that they had not kept in regular attendance at school their two children aged 13 and 14. N.J.S.A. 18:14-39, 40. They were powerless so to do, because the children were expelled from school, and excluded each day when they reported for attendance. The children were trained in the beliefs of Jehovah's Witnesses and would *473
not salute the American flag pursuant to N.J.S.A. 18:14-80. This statute is of somewhat modern origin. It was upheld as constitutional in Hering v. State Board of Education,
Stripped of excess verbiage the situation, in the present case, is that the appellants' children will not salute the flag. The school authorities deny them schooling and seek to have the parents fined because they do not keep the children in school against the will of the school authorities. It cannot be claimed that the parents refused to keep the children in school because the proofs show otherwise. Tactful guidance is a requisite in education. Public education can only be justified because of the benefits to the state in having all its citizens literate.
As Judge Lehman said in People v. Sandstrom,
Liberty of conscience is not subject to uncontrolled administrative action. Jones v. Opelika,
The conviction will be set aside. *474