St. Croix Avis, 1920-09-02, page 3
Constitution is not extended to the Vir- gin Islands, but certain provisions of the Constitution follow the Flag whereever it goes; these are the rights of protection of properties and oersons, even so the smallest patch of land, and equal with these rights is the right to pursue your happiness. These righrs must always be without any restriction, except those restrictions legally imposed by the police power vested in the legislative body. We wish to have the same princi- ples here as those of the United States. It is no use to say the Constitution does not extend here in so far as these princi- ples are concerned, In regard to the existing Schoocl Law, I have voted for it, I am sorry to say it. When the legislative body has decided that no one has the right to open a pri- vate School, it is unconstitutional. To open a private school is the right to “ollow the calling most pleasant to one and cannot be restricted by any oue; therefore we have passed a law contrary to Ameriean principles. …
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Constitution is not extended to the Vir- gin Islands, but certain provisions of the Constitution follow the Flag whereever it goes; these are the rights of protection of properties and oersons, even so the smallest patch of land, and equal with these rights is the right to pursue your happiness. These righrs must always be without any restriction, except those restrictions legally imposed by the police power vested in the legislative body. We wish to have the same princi- ples here as those of the United States. It is no use to say the Constitution does not extend here in so far as these princi- ples are concerned, In regard to the existing Schoocl Law, I have voted for it, I am sorry to say it. When the legislative body has decided that no one has the right to open a pri- vate School, it is unconstitutional. To open a private school is the right to “ollow the calling most pleasant to one and cannot be restricted by any oue; therefore we have passed a law contrary to Ameriean principles. 1 will quote one of our authorities on this matter as I do not expect the Courncil to take my word for granted In Ruie Case Law: Control Over Private Schools. ““‘While, as already stated, the pow- ‘er of the legislature over public ‘schools is complete, there is no such " power in regard to private schools “‘nor in fact any power at all in so far “‘as the educational features are con- ‘cerned. The power of the legisla- . ‘‘ture to regulate or prohibit private “‘schools 1s subject to the same limita- “‘tions as the power to regulate private “‘property rights in general. The ‘legislature under the police power, ‘may regulate education in many re- ‘‘speets 1n private schools. But the ‘exercise of sach police power must “‘not be abitrary, and must be limited "‘to the preservation of the public ‘safety, the public health or the pub- “‘lic morals. The legisiature has no “power to prohibit or to anthorize the “‘voters 10 prohibit the establishment ‘of private educational institution, “‘unless it be inimical tc the publie ‘health, public safety or public mor- Lale The member continuing,—The only Yimitations which the legislative body can make are those necessary for the public safety, health and morais. This opinion is supported by many decisions by the Courts in the United States. Here I will quote one decision: L “‘Columbia Trust Co. vs. Lincoln In- gtitute, 138 By, 84, 120 8" 113, 291 B A (N 5. 06 and note,”> . The member continuing,—Where the same decision is given by the Court as unconstitutional on the rights of the peo- ple to have private schools if they wish. ¢+ 1 also wish to quote the following: trom reading Case Law: “*“There are two classes of school » 1o U 1L x AN R “teachers; (1} private school teachers “or those whoe open schools on private “‘aceount; and are not responsible to "‘any higher power for the manner f “‘condu~ting their schools; and (2) pub- thyelic school “eachers or those who are “employed to reach under the contiol “of the school authorities of the state. “The dutig;' of the two are ‘dentical. “but Hheir aathority and powers are “‘modified by the different conditions "‘under which they are situated. The “‘powers and authority of the former "‘class are somoewhat autoeratic. They “‘make their own rules and regula- “‘tions, and prescribe the course of " study in their schools. Those who “‘desire inay uttend, but must comply “'with the rules, regulations, and “‘course of study. The rule is essen “tially different with regard to the "‘teacher of a public school.”’ What constitutes Compliance: ““The question as to what consti ‘tutes compliance with compulso “'ry eduacation statutes is of import- ‘ance. T['hese statutes do not require “‘that children be sent to the public “‘'schools, but they vary greatly as to “‘what shall constitute sufficient schrol- “ing in lieu thereof. Statutes rejuir- “ing the attendance of children at pub- "lic schools usually except from their ‘provisions enildren who are other “‘wise educated for a like period in the "‘subjects.”’ The member continuing. —1 suppose some will say that the present law is in cenformity with the Danish schoo! law, but that is not so, In support of that I will read the remarks which [ mad: here in this Council when the Danish Govern- ment introduced the Schoo! Ordinance in 1910. ; To be econtinued. We have information tha:c the Feder- ation of Labor No. 17261 has secured for its members wages of $1.15 per eight-nour day, and it is desired to congratulate the organisation on this achievement which it is indicated is due to the energy and zeal of its president Mr. Morris Davis. It is hoped that this increase of pay will inspire those concerned with fresh ef- forts to merit the confidence of their employers whereby there may be no question that they deserve what is, pecuni- arily, an appreciable gain in the labor movement in this island Frederiksted, Aug. 30th. 1920. The Schooner ''Virginia’’arrived ves- terday at 2 o’ciock a. m. with 59 bags mail general cargo and the foliowing passengers: Krom Porto Rico: Leonell A, Harvey, Kathlyn Lindgvist, Emelia Schuster, Cayetano Delvalle. From St. Thomas: Miss Isidora Emanuel and 2 children, Mr. Gerard Williams, Mr. Eve- lyn Thompson, Mr. Henry Hart, Mr. John James. Mr. Peter Williame, She sailed again at 6 o’clock p. ni. ““famiana’’ arrived at 6 o'ciock fron Windward Isiinds with a snall mail snd passengers as follows: Frem Sto Kitts: Mrs. O. Seaton, Mrs. M. Seaton. Mr. Armstrong, Adina Summersill & 2 children, Jane Stephens and child, Vi toria Kelly, Rosetta Somersili, Philip Dublin, -Z. Brown, Maud Parris, Ernest Parara, Mary Nesbitt, E Ottley. Ernpest Wallace. Mrs. J. Braithwaite & child, Saml. Nico, Walter Mclntosh, A. Sweeny, lilian Liburd, Walter Norman, C. Wil liams, Mr. & Mrs. Benders and son, E. Brown, Adina Morris & child, E. Chal- lenger & 2 children She . loaded sugar to 9 o'clock p m.. taking 5,350 bags, (Os passengers there were 15 to New York and 40 to St. Thomas She sailed at midnight. TELEGRAMS. B CROIR STATION. Beifast, ‘Aug. 27th.--John Leonard. a taxiineter cab-driver, and James Mon:- gomery and Vincent Montgomery were formally remanded to prison here todas on a charge of murder of Police Inspec tor Swansey last Sunday. Leonard has heen in custody since the shooting of the inspector. It is alleged that his taxi was used by the assassins. l.ond(m, }\Ug‘. 28th. Mr, l'..in_'\'d ":-(;t‘u'u‘w at Lucerne is being bombarded with ap peals on behalf of Mr. MacSweenev, who is on a hunger-strike in prison here. The general tenor of the appeals is that 5 show of clemency in this case will open the gate for reconciliation with Ireland, while a refusal would have an opposite effect. A strongly worded letter from Mr. James O’Grady, member of the House of Commons, has also been received. The test of your sin cerity in desiring a reconciliation is un- conditional,’’ says the lettter. “~'Re egse Mae Sweeney. If you refuse, then be damned to you and your Government ' Mr. Healy, ex-member of Parliament in a letter tc the Dublin press, angrily accused Mr. Lloyd George of over rid- ing the King’s desire tc show clemency in the MacSweeney case. He declares that the Premier ‘‘by closing the gates of merev with a eclane has made a more perverse, ignorant and lawless invasion of the authority of the Crown in {reiand than any man in arms against it’'. My MacSweeney’s condition was unchang- ed last night. He was very weak, and one of his relatives remained almost constantiy at his pedside. ' Beifast, Aug. 29th. —Belfast Saturday night was the worst since what is pepu- larly known as the battle of Kaskmir road. Six persons were Kiiled and rear ly forty wounded, many of them serious- ly. Al the killed were young men. the vigtime of cun chot wWounds