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Hering v. State Board of Education

New Jersey Supreme Court


Decided: September 22, 1937.

JOHN HERING AND ELLA HERING, INDIVIDUALLY, AND ALMA HERING AND VIVIAN HERING BY JOHN HERING, THEIR NEXT FRIEND, PROSECUTORS-APPELLANTS,
v.
STATE BOARD OF EDUCATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT

On appeal from the Supreme Court, whose opinion is reported in 117 N.J.L. 455.

For the appellants, Abraham J. Isserman (Carol King, of the New York bar).

For the respondent, George W. King, Jr.

Amici curiae, Aaron A. Melniker, Joel Gross, Arthur H. Bissell, Michael N. Chanalis, Arthur Garfield Hays and William G. Fennell, of the New York bar, and A. L. Wirin, of the Massachusetts bar.

[118 NJL Page 566]

PER CURIAM.

The wisdom of the statute under review was for the legislature; we express no view thereon. We note that the expression

[118 NJL Page 567]

required of the children was a pledge, not an oath, and that, although this is not of importance, the ages of the children are slightly different from those stated in the opinion below. The judgment appealed from is affirmed and, except for these reservations, for the reasons expressed in the opinion of Mr. Justice Bodine filed in the Supreme Court.

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, LLOYD, CASE, DONGES, PERSKIE, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 12.

For reversal -- None.

19370922


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