The School Bus Law: A Case Study in Education, Religion, and Politics

By Theodore Powell; Wayne Magnum Miller | Go to book overview
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NOTES

INTRODUCTION
1
Hartford Courant, March 13, 1957; Hartford Times, March 12, 1957.
2
Catholic Transcript, March 14, 1957. (Cited hereafter as Transcript.)
3
Hartford Courant, March 17, 1957.
4
Hartford Times, March 19, 1957.

I: THE GENERAL SETTING
1
This summary is digested from the detailed account in Mary Paul Mason, Church-State Relationships in Education in Connecticut, 1633- 1953 ( Washington, D. C.: Catholic University of America Press, 1953).
2
Ibid., p. 232.
3
He was borrowing from Kenneth W. Underwood, Protestant and Catholic ( Boston: Beacon Press, 1957).
4
The child-benefit theory was widely discussed following Everson v. Board of Education, 330 U.S. 1 ( 1947). This line of argument was followed by the United States Supreme Court in Cochran v. Louisiana State Board of Education, 281 U.S. 370 ( 1930). See Chapter II.

The child-benefit theory has also been argued in a number of cases before state courts. It was rejected by a New York appellate court in Smith v. Donahue, 195 N.Y. Supp. 715 ( 1922), the earliest judicial consideration of the theory. The phrase "child-benefit theory" was apparently coined by the New Jersey Supreme Court in Everson v. Board of Education of Township of Ewing, 132 N.J. L. 98 ( 1944).

5
Leo Pfeffer, Church, State and Freedom ( Boston: Beacon Press, 1950), pp. 119-20, quoting Jefferson's letter to the Danbury Baptists Association.
6
For a summary of this debate and an analysis of the argument, see Pfeffer, Chapter V, "The Meaning of the Piinciple", pp. 115-159.
7
Clark Spurlock, Education and the Supreme Court ( Urbana: University of Illinois Press, 1955), p. 76.
8
James B. Conant, "Unity and Diversity in Secondary Education", Leadership for American Education ( Official Report of American Association of School Administrators: Washington, 1952), pp. 239-241.
9
New York Times, July 4, 1952.
10
Transcript, April 24, 1952.
11
Ibid., April 17, 1952.
12
New York Times, June 19, 1949.

-303-

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