County of Cook v. Chicago Industrial School for Girls

Citations

• 125 Ill. 540
• 1 L.R.A. 437

Syllabus

<p>1. Sectarian schools—public aid thereof—constitutional inhibition —whether a school is sectarian. The fact that an institution.of learning teaches the doctrines of a particular church or religious sect, and that all exercises of a religious character are of those of such church, will render the institution sectarian, within the meaning of section 3, of article 8, of the constitution, prohibiting the payment from any public fund of anything in aid of any church or sectarian purpose, although all its pupils may not be instructed in such sectarian doctrines.</p> <p>2. The refusal to admit a judge of a court having the power to commit dependent girls to an industrial school, into the place where such school is alleged to be kept, unless he should first obtain a permit from a bishop or member of the Roman Catholic church, is a strong circumstance tending to show that such school is controlled by that church.</p> <p>3. Same—industrial school for girls—delegating its charge to other institutions which are sectarian in character—county aid,. The Chicago Industrial School for Girls, a corporation having no building of its own, placed all girls committed to it by the county court, in the House of the Good Shepherd and St. Joseph’s Orphan Asylum,—institutions under two orders of the Roman Catholic church,—which furnished them with clothing and tuition, and received all the pay allowed therefor by the county. It also appeared that the officers of the industrial school were also officers of the two institutions named, and that the doctrines of the Roman Catholic church were taught therein to some of their pupils: Held, in a suit by the industrial school against the county, to recover for the price of tuition and clothing of dependent girls committed to its charge and custody, that the money sought to be recovered would be a payment in support of schools controlled by a church, and in aid of a sectarian purpose, and that the action would not lie.</p> <p>í. The constitutional p