184 Ga. 580 | Ga. | 1937
Dorothy Leoles, a minor child twelve years old, by her father as next friend, instituted mandamus proceedings directed to the members of the Board of Education of the City of Atlanta, to compel her reinstatement as a student at the Crew Street School, one of the schools belonging to the Atlanta Public School System, and under the supervision and control of the respondents. The respondents “have inaugurated in the school system of the City of Atlanta an exercise or ceremony during which all pupils of the said schools are required to salute the United States flag.” This the petitioner refused to do, “giving as her reasons the following: Petitioner and her father are members of a religious organization known as ‘ Jehovah’s Witnesses,’ who sincerely believe that God’s word and teachings forbid them to worship any image, emblem, person, or thing, save and except Almighty God; she refused to salute the flag for the sole reason that she believes that to do so is an act of worship of
There is no question as to the propriety of the plaintiff’s remedy being by mandamus, if the petition otherwise sets forth a cause of action. Board of Public Education v. Felder, 116 Ga. 688 (43 S. E. 56); McCaskill v. Bower, 126 Ga. 341 (54 S. E. 942); Wilson v. Stanford, 133 Ga. 483 (4) (66 S. E. 258); note in 39 A. L. R. 1020. So the controlling “questions of law involved is whether the Board of Education of Atlanta has the legal authority to expel from the public schools of the city a student” who intentionally and continuously refuses to comply “with the rules of the board requiring all students to salute the flag of the United States.” The Board of Education of the City of Atlanta is invested with the power and authority of supervising and regulating the schools comprising the public-school system of said city, and with the right and authority to make; and enforce such rules as are consonant with the law of this State. It is the policy of the State to provide free public schools for the youth of this State and to compel their attendance thereupon. Under the constitution of this State it is provided that “There shall be a thorough system of common schools for the education of children, as nearly uniform as practicable, the expenses of which shall be provided for by taxation, or otherwise. The schools shall be free to all children of the State.” Code, § 2-6601. “Admission to all common schools shall be gratuitous to all children between the ages of six and 18 years residing in the subdistricts in which the schools are located.” § 32-937. The provisions of the public-school law, and of our constitution on the subject, in so far as pertinent, are applicable to public common schools within the City of Atlanta, and under the supervision and control of the board of education of that city, in that said school system is not
The General Assembly of 1935, on March 26, 1935, by resolution provided: “Whereas, in order to perpetuate the principles of free government and preserve the high ideals upon which this Nation was founded and upon which our constitutions rest, it is necessary that the fundamental principles of patriotism and the ideals of Americanism be inculcated into and cultivated in the minds of our children; and whereas the public-school teachers and other employees of this State wield an influence upon the lives and minds of Georgia children second only to that of their parents; and whereas the State has been and is being flooded with propaganda and literature which seek the destruction of the high principles of government which ought to be perpetuated: Therefore be it resolved by the General Assembly of Georgia (the Senate and House of Eepresentatives concurring), that every teacher in the
It appears in this case, that, under the rules and regulations imposed by the city board of education, every school comprising the public-school system of the city must have at a certain time or times a patriotic ceremony in which all students attending the school are supposed to take part, and that during such exercise every student participating must “ salute the flag of the United States.” The plaintiff was expelled because of her absolute and repeated refusal to salute the flag, and she seeks to compel the respondents, who are in charge of the public schools of Atlanta and. promulgate rules and regulations governing the schools of the city, the teachers and the pupils thereof, to revoke their order expelling her from the Crew Street School, one of the system of common schools in vltlanta, and refusing to admit her unless she should obey the regulations imposed regarding the saluting of the flag of the United States. It is contended that such action on the part of the school authorities denies to the plaintiff the equal protection of the law, due process of law, and further infringes the provisions of the State constitution prohibiting the establishment of religion and securing to her religious freedom, and seeks to compel her to act in disobedience to her religious beliefs and teachings. Code, §§ 2-112, 2-113, 1-801, 2-103, 1-815. With the foregoing contentions we can not agree. The United States is a democratic country with a republican form of government. Code, § 1-407. It is a land of freedom. However, those who reside within its limits and receive the protection and benefits afforded to them must obey its laws and show due respect to the government, its institutions and ideals. The flag of the United States is a symbol thereof, and disrespect to the flag is disrespect to the government, its institutions and ideals, and is directly opposed to the policy of this State. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Code, § 1-801. It has been held that this constitutional restriction on Congress contains no limitation on the power of the State as to making any law respecting the establishment of religion or prohibiting the free exercise thereof. Swaf
So those choosing to resort to the educational institutions maintained with the funds of the State are subject to the commands of the State. The board of education-of the City of Atlanta is a governmental agency, and those wishing to avail themselves of the free education provided by the public schools of Atlanta are amenable to the reasonable commands of its supervising body, the city board of education. See Hamilton v. Regents of the University of California, 293 U. S. 245 (55 Sup. Ct. 197, 79 L. ed. 343). “The penance of the command of” the rule and regulation of the board of education of said city, requiring the
We are cited in the brief of counsel for the plaintiff to a case from California, which we do not approve, but which is not at all like this case. It was there pointed out that there was no law or regulation requiring the flag to be saluted, and that all the children of the school were not so required. It is our opinion that the board of education of Atlanta was acting within its lawful authority in expelling the plaintiff in this ease, and that the regulation requiring' all the students attending the public schools of the city, supported by the public funds, to “salute the United States flag” was not unreasonable and did not violate any of the provisions of the constitution, and did not infringe any rights of the plaintiff preserved by the constitution of this State or of the
The judge did not err in dismissing the petition for mandamus on general demurrer.
Judgment affirmed.