respondent in this case assumes that he does, but the answer of respondent denies it. This question must therefore be determined from an examination of the book, and its proposed use by the teacher. The book contains 150 selections taken from the King James version of the Bible, and most of them from the Old Testament. Aside from a few pages of a prefatory character, the book contains nothing except those selections and their headings. The Bible is a religious book, and is the foundation of the religion of a large part of the civilized world. It ought to be unnecessary to prove that 'Readings from the Bible' contains religious instruction. To charge that it does not is to charge that the book is not properly named. From the introductory sketch of the book, it is clearly to be inferred that it was compiled in order that there might be taught in the schools the fundamentals of religion accepted alike by Protestants, Catholics, and Jews. If that purpose were carried out, the book would contain instruction in the fundamentals of religion accepted by Protestants, Catholics, and Jews. If, on the other hand, as vigorously claimed, many selections tend to discredit one of these religions, the book none the less contains religious instruction. Nearly every selection in the book either treats of Almighty God, of some of His attributes, or of man's relation to Him. It is difficult, perhaps impossible, to exactly define 'religion.' But every one will concede that a book treating of Almighty God, His attributes, and man's relation to Him, is a religious book. Is it to be used for the purpose of teaching religion? I think, in determining this question, we should look, not so much at the purpose that the officials who adopted it had in view, as we should at the purpose which the book is calculated to accomplish; but, whether we look at the one or the other, we reach the same conclusion. This book was brought to the attention of respondent board by a report of its committee on textbooks and course of study. They recommended its use in the schools, and in that report stated:

"Your committee *

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desires to invite the consideration of the board to the matter of securing in our schools an increased attention to the principles of ethics or morals, which are so vitally essential in the formation of a true and well-developed, manly character, which are indispensable for the welfare of the individual, the home, and the nation,-an attention which should inculcate those principles of morality, and even religion, in which the great masses of our people believe, and which should prevail.' 118 MICH.-37.

"What purpose is the book calculated to accomplish? While the design of the compilers of the book was to have the book read in unison,' it appears from the admitted facts in this case to be respondent's intention and purpose 'to have said book read by the teachers in said schools in the presence and hearing of their pupils attending said schools, all to the end that said pupils might become familiar with the contents of said book;' and it is to be read, also, without note or comment. Can there be any doubt that the result of such action will tend to the acceptance by those pupils of the statements in the selections as true? If a book on political economy or any science were to be read by a teacher to the pupils without note or comment, would not the pupils accept the teachings of that book as true? Does not the fact that the teacher reads the book without note or comment warrant the pupil in believing that what is read is recommended to him as true? There can be but one answer to these questions. It may be suggested that the contents of the book are not taught to the pupils, because it is simply read to them, without note or comment. As just stated, it is conceded that the book is read to the end that said pupils may become familiar with its contents. The object, then, of reading the book, is to teach the children its contents. Reading it without note or comment is an unusual form of teaching. It may be an imperfect and incomplete form of teaching, but it is teaching, nevertheless, and equally within the constitutional prohibition. State, ex rel. Weiss, v. District School Board, 76 Wis. 177 (20 Am. St. Rep. 41).

"It is no answer to the charge that the contemplated use of 'Readings from the Bible' is teaching religion, to say that the book also teaches morality. What religious book could not be taught in the schools, if the morality of its doctrines were to determine its use? Teaching religion at the expense of the taxpayers is forbidden by the constitution, and teaching morality is not commanded by it. Nor is it possible to take a middle ground, and insist that the religion of the Bible can be taught in the schools, and other religious teachings excluded. It is impossible to frame an argument which, under our constitution, will permit respondent to carry out its proposed action, which will not permit it to teach any religion it may choose to teach. The constitution prohibits all religious teaching in the public schools, or it prohibits none. The provision

against compelling a person to pay taxes for the support of a teacher of religion either forbids the proposed use of 'Readings from the Bible,' or it forbids nothing. It seems to me clear that such teacher is a teacher of religion, towards whose support persons are compelled to pay taxes; and therefore the constitution, in explicit language, forbids such proposed use.

"It seems to me equally clear that the action of respondent is in violation of the provision of the constitution that the legislature shall not diminish or enlarge the civil or political rights, privileges, and capacities of any person on account of his opinion or belief concerning matters of religion. The respondent, by its action, gives to those who accept as true the religious teachings of King James' version of the Bible, the right of having their children taught a portion of those teachings at the expense of those who do not accept them as true. Can it be for one moment contended that this does not enlarge the civil rights and privileges of persons holding one religious belief, and diminish the civil rights and privileges of persons holding another religious belief? No one surely will contend that the right to be equally taxed is not a civil right. It would be too clear for argument that the legislature could not tax the members of one church for the purpose of teaching the tenets of another church. It is equally clear that it cannot tax those who do not accept the religion of the Bible, for the purpose of teaching the Bible to the children of those who do accept it. It is clear that every parent has an equal right to have his child educated in the public schools. No one would for a moment contend that this right could be conditioned upon the child of immature years being taught a religion which its parents or guardian disapproved. That would clearly enlarge the rights of those who accept that religion, and diminish the rights of those who reject it. Nor is this difficulty remedied by exempting from attendance at these readings the children whose parents object to it. Those parents and those children have equal rights in the schools with the parents and the children of a different religious belief. By exempting them from attendance at the readings of the book, the children are simply deprived of the right of attending school and receiving instruction during the regular school hours. Those who accept the doctrine of the books receive from the public a religious instruction which is denied to those who reject it.

"In reaching the foregoing conclusions I have received no direct aid from the decisions in other States passing upon a similar question. In the following cases the right to read the Bible in the schools was sustained: Moore v. Monroe, 64 Iowa, 367 (52 Am. Rep. 444); Spiller v. Inhabitants of Woburn, 12 Allen, 127; Donahoe v. Richards, 38 Me. 379 (61 Am. Dec. 256); Nessle v. Hum, 1 Ohio, N. P. 140. In State, ex rel. Weiss, v. District School Board, 76 Wis. 177 (20 Am. St. Rep. 41), the right to read the Bible in the schools was denied. In Board of Education of Cincinnati v. Minor, 23 Ohio St. 211 (13 Am. Rep. 233), it was held that the Cincinnati board of education had authority to exclude the Bible and all religious teachings from the public schools. In each of these cases the decision turned on the construction of the state constitution. None of those constitutions had language resembling the constitutional provisions of Michigan herein discussed. Moore v. Monroe, 64 Iowa, 367 (52 Am. Rep. 444), is an authority for the proposition that reading the Bible does not make the school a place of worship, within the meaning of the constitution. Two of the five judges who heard State, ex rel. Weiss, v. District School Board, 76 Wis. 177 (20 Am. St. Rep. 41), reached an opposite conclusion. If relator's right depended upon the constitutional prohibition against the passage of a law to compel a person to attend, erect, or support any place of worship, these authorities would be valuable. But as his right is clearly determined by other constitutional provisions, as I have herein indicated, these authorities afford no aid. I am glad to say, however, that my conclusion is supported by our greatest authority on constitutional law, who was especially familiar with the Constitution of Michigan. Says Judge COOLEY, in his Constitutional Limitations (pages 575, 576, 6th Ed.):

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"Those things which are not lawful under any of the American constitutions may be stated thus: (1) Any law respecting an establishment of religion. * (2) Compulsory support, by taxation or otherwise, of religious instruction. Not only is no one denomination to be favored at the expense of the rest, but all support of religious instruction must be entirely voluntary. It is not within the sphere of government to coerce it.'

"It is urged that relator cannot in his own name, under the authority of Attorney General, ex rel. Moreland, v. Common Council of Detroit, 112 Mich. 145, and other

similar cases, maintain this suit. The principle of those cases was that a private person had no right to seek a mandamus to redress a purely public grievance. That principle has no application. Relator is not in this case seeking to redress a purely public grievance. His constitutional civil rights have been violated by respondent, and he is seeking appropriate redress. The following cases are exactly in point, and uphold his right to a mandamus: People v. Board of Education of Detroit, 18 Mich. 400; Holman v. Trustees of School District No. 5 of Avon, 77 Mich. 605 (6 L. R. A. 534); Jones v. Board of Education of Detroit, 88 Mich. 371.

"It is also urged that relator is not entitled to relief because it does not appear in his petition that anything in the book, Readings from the Bible,' is contrary to his opinion or belief concerning matters of religion. If respondent's action is prohibited by the Constitution, as I have tried to prove, that action is totally void. It is not void as to a part of the people, and valid as to the remainder. In this State every one has equal constitutional rights. Nothing could be more intolerable and out of harmony with our Constitution than to limit the right of redress in our courts to those holding certain religious beliefs. Any argument leading to such a conclusion needs no refutation.

"I summarize my conclusions as follows: Our constitutional provisions respecting religious liberty mean precisely what they declare. They forbid any legislative authority compelling a person to pay taxes for the support of a teacher of religion, or diminishing or enlarging the civil rights of any person on account of his religious belief. Respondent's proposed use of 'Readings from the Bible' in the public schools is in direct conflict with these constitutional provisions, and relator, whose constitutional rights are thereby violated, has a right to redress. A writ of mandamus should issue according to the prayer of the relator."

The school board has appealed from this decision. It is claimed on its part that article 3 of the ordinance of 1787 requires that religion should be taught in the public schools. The article reads:

"Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools